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The Social Security (Introduction of Disability Living Allowance) Regulations (Northern Ireland) 1992

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Claims for, and applications for reviews of decisions relating to, mobility allowance

9.—(1) The replacement of mobility allowance by disability living allowance shall, except to the extent specified in paragraphs (4) and (5), be disregarded in a case to which paragraph (2) or (3) applies.

(2) This paragraph applies in a case where a person—

(a)is under the age of 65 on 6th April 1992;

(b)has an award of mobility allowance which expires after 5th April 1992; and

(c)makes a claim for mobility allowance for a period commencing immediately after that award expires.

(3) This paragraph applies in a case where—

(a)a person is under the age of 65 on 6th April 1992;

(b)that person has an award of mobility allowance or is the subject of a decision given on a claim or application for a review not to award benefit; and

(c)an application for a review is made to an adjudication officer in accordance with section 104(2) for the decision to award or, as the case may be, not to award benefit to be reviewed.

(4) Any award of mobility allowance made in accordance with this regulation shall be subject to the provisions of regulations 7 and 8.

(5) In determining under this regulation, a person’s entitlement to mobility allowance for any period after 5th April 1992—

(a)the conditions as to residence and presence in Northern Ireland prescribed under section 37ZA(6) (disability living allowance) and not those prescribed under section 37A(1)(1) (mobility allowance) shall apply; and

(b)for the reference to 12 months in section 37A(2)(a)(1) there shall be substituted a reference to 9 months.

(1)

Section 37A was inserted by Article 24(1) of the Social Security Pensions (Northern Ireland) Order 1975 (S. I. 1975/1503 (N. I. 15)); and subsection (2) was amended by Article 72(1) of the Social Security (Northern Ireland) Order 1986. The section ceases to have effect from 6th April 1992 by virtue of Article 4(3) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

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