The Social Security (Attendance Allowance and Disability Living Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

Amendment of the Social Security (Adjudication) Regulations

4.  After regulation 67 of the Social Security (Adjudication) Regulations (Northern Ireland) 1995 (review in social fund maternity or funeral expenses cases)(1) there shall be inserted the following regulation—

“Review in attendance allowance and disability living allowance cases

67A.— (1) Failure by a person to attend for, or submit to, a medical examination under the provisions made under section 55A of the Administration Act(2) is prescribed as a relevant change of circumstances for the purposes of section 28(2)(b) or 33(1)(b) of that Act.

(2) In the case where an award of attendance allowance or disability living allowance falls to be reviewed under section 28(2)(b) or 33(1)(b) of the Administration Act in the circumstances prescribed under paragraph (1), the decision given on review shall have effect from the date determined by the Department under regulation 8D(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 or regulation 5B(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (withholding of benefit in prescribed circumstances), as the case may be.”.

(1)

S.R. 1995 No. 293; regulation 67 was substituted by regulation 4(11) of S.R. 1997 No. 156

(2)

Section 55A was inserted by Article 17 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997