The Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Amendment of the Social Security (Disability Living Allowance) Regulations

7.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the 1991 Order” there shall be inserted the following definition—

““the 1998 Order” means the Social Security (Northern Ireland) Order 1998;”; and

(b) for the definition of “adjudicating authority”(2) there shall be substituted the following definition—

• ““adjudicating authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the 1998 Order or a Commissioner to whom an appeal lies under Article 15 of that Order;”.

(3) In regulation 2(3)(b) (conditions as to residence and presence in Northern Ireland) for “review” there shall be substituted “revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order”.

(4) In—

(a) regulation 9A(2)(a)(3) (persons to whom regulations 9 and 10 apply with modifications), in paragraph (2A)(b) and (c);

(b) regulation 10(6)(b) and (c)(4) (exemption from regulations 8 and 9); and

(c) regulation 12B(9A)(b) and (c)(5) (exemption from regulation 12),

for “review” there shall be substituted “revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order”.

(5) In Schedule 1 (persons aged 65 and over)—

(a) in paragraph 1 (review of an award made before a person attained the age of 65)—

(i) in the heading for “Review” there shall be substituted “Revision or supersession”,

(ii) in sub-paragraph (1)(c)(6) for “in writing is made in accordance with section 28(7) or 33(4) of the Administration Act for that award to be reviewed” there shall be substituted “is made in accordance with Article 10 of the 1998 Order or Article 11 of that Order for that award to be revised or superseded”,

(iii) in sub-paragraph (1)(d) for “both reviewed and revised” there shall be substituted “revised or superseded”,

(iv) in sub-paragraph (2) for “revised award” there shall be substituted “revision or supersession”, and

(v) in sub-paragraph (3) “for review” shall be omitted and for “reviewed” there shall be substituted “superseded”;

(b) in paragraph 2 (review of an award other than a review to which paragraph 1 refers)—

(i) for “review”, in each place where it occurs (including the heading), there shall be substituted “revision or supersession”, for “reviews” there shall be substituted “revisions or supersessions” and for “reviewed” where it first occurs there shall be substituted “revised or superseded”, and

(ii) in sub-paragraph (b) for “reviewed and revised” there shall be substituted “superseded”;

(c) in paragraph 3 (persons aged 65 and over and entitled to the care component)—

(i) in sub-paragraph (1)(a)(7) for “revised on a review under section 28, 29 or 33 of the Administration Act” there shall be substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order”, and

(ii) in sub-paragraph (2) for “under review” there shall be substituted “being revised or superseded”; and

(d) in—

(i) paragraph 5(1)(a)(8) (persons aged 65 and over and entitled to the higher rate mobility component),

(ii) paragraph 6(1)(a) (persons aged 65 and over and entitled to the lower rate mobility component), and

(iii) paragraph 7(1)(a) (award of the care component where a person is entitled to the mobility component),

for “revised on a review under section 28, 29 or 33 of the Administration Act” there shall be substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order”.

(1)

S.R. 1992 No. 32; relevant amending regulations are S.R. 1993 Nos. 149 and 340, S.R. 1994 No. 263 and S.R. 1996 Nos. 225 and 290

(2)

The definition of “adjudicating authority” was substituted by regulation 2(2)(d) of S.R. 1993 No. 340

(3)

Regulation 9A was inserted by regulation 3(3) of S.R. 1994 No. 263

(4)

Paragraph (6) was added by regulation 4(3)(b) of S.R. 1993 No. 149

(5)

Regulation 12B was inserted by regulation 4(3) of S.R. 1996 No. 225 and paragraph (9A) was inserted by regulation 2(2) of S.R. 1996 No. 290

(6)

Sub-paragraph (1)(c) was amended by regulation 2(11)(a) of S.R. 1993 No. 340

(7)

Sub-paragraph (1)(a) was amended by regulation 2(11)(b) of S.R. 1993 No. 340

(8)

Paragraphs 5(1)(a), 6(1)(a) and 7(1)(a) were amended by regulation 2(11)(b) of S.R. 1993 No. 340