Search Legislation

Disabled Persons (Northern Ireland) Act 1989

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

3Assessment by Boards of needs of disabled persons

(1)Where—

(a)on any assessment carried out by a Board in pursuance of any provision of this Act, or

(b)on any other occasion,

it falls to the Board to decide whether the needs of a disabled person call for the provision of any personal social services for that person, the Board shall afford an opportunity to the disabled person or his authorised representative to make, within such reasonable period as the Board may allow for the purpose, representations to an officer of the Board as to any needs of the disabled person calling for the provision of any such services for him.

(2)Where—

(a)either—

(i)representations have been made to a Board under subsection (1), or

(ii)the period mentioned in that subsection has expired without any representations being so made, and

(b)the Board has reached a decision on the question referred to in that subsection (having taken into account any representations made as mentioned above),

the Board shall, if requested by the disabled person or his authorised representative, supply the person making the request with a written statement complying with subsection (3).

(3)The written statement referred to in subsection (2) must—

(a)either specify—

(i)any needs of the disabled person which in the opinion of the Board call for the provision of any personal social services, and

(ii)in the case of each such need, the personal social services that it proposes to provide to meet that need,

or state that, in the opinion of the Board, the disabled person has no needs calling for the provision of any such services; and

(b)give an explanation of the Board’s decision; and

(c)contain particulars of the right of the disabled person or his authorised representative to make representations with respect to the statement under subsection (5).

(4)Where the Board does not propose to provide any personal social services to meet a particular need identified in any representations under subsection (1), any statement supplied under subsection (2) must state that fact together with the reasons why the Board does not propose to provide any such services.

(5)If the disabled person or his authorised representative is dissatisfied with any matter included in the statement supplied under subsection (2), that person may, within such reasonable period as the Board may allow for the purpose, make representations to an officer of the Board with respect to that matter.

(6)Where any such representations have been made to the Board in accordance with subsection (5), the Board shall—

(a)consider (or, as the case may be, reconsider) whether any, and (if so) what, personal social services should be provided for the disabled person to meet any need identified in the representations; and

(b)inform the disabled person or his authorised representative in writing of its decision on that question and its reasons for that decision.

(7)Where—

(a)the disabled person or his authorised representative is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, or

(b)both of those persons are in that position (whether by reason of the same incapacity or not),

the Board shall provide such services as, in its opinion, are necessary to ensure that any such incapacity does not—

(i)prevent the Board from discharging its functions under this section in relation to the disabled person, or

(ii)prevent the making of representations under this section by or on behalf of that person.

(8)In determining—

(a)whether it is required to provide any services under subsection (7) to meet any need of the disabled person or his authorised representative, and

(b)(if so) what those services should be,

the Board shall have regard to any views expressed by either of those persons as to the necessity for any such services or (as appropriate) to any views so expressed as to the services which should be so provided.

(9)In this section “representations” means representations made orally or in writing (or both).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources