The Disability Working Allowance (General) Regulations (Northern Ireland) 1992

PART II DISABILITY TEST

Person at a disadvantage in getting a job

3.—(1) A person has a disability which puts him at a disadvantage in getting a job where—

(a) in respect of an initial claim one or more of the paragraphs in Schedule 1 apply to him;

(b) in respect of a repeat claim one or more of the paragraphs in Part I or II of Schedule 1 apply to him.

(2) In this regulation and in regulation 4, the expressions “initial claim” and “repeat claim” have the same meanings as in Article 28B(1) of the Order (supplementary provisions about disability working allowance).

Declaration by claimant

4.  On an initial claim, a declaration by the claimant that he has a physical or mental disability which puts him at a disadvantage in getting a job is not conclusive that for the purposes of Article 21(6A)(b) of the Order (income-related benefits) he has a disability, where—

(a) the claim itself contains contrary indications; or

(b) the adjudication officer has before him other evidence which contradicts that declaration.