Disability working allowance
11Initial claims and repeat claims
(1)In this section—
“initial claim” means a claim for a disability working allowance made by a person—
(a)to whom it has not previously been payable; or
(b)to whom it has not been payable during the period of 2 years immediately preceding the date on which the claim is made or is treated as made; and
“repeat claim” means any other claim for a disability working allowance.
(2)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 conclusive, except in such circumstances as may be prescribed, that for the purposes of section 129(1)(b) of the Contributions and Benefits Act he has such a disability (in accordance with regulations under section 129(3) of that Act).
(3)If—
(a)a repeat claim is made or treated as made not later than the end of the period of 8 weeks commencing with the last day of the claimant’s previous award; and
(b)on the claim which resulted in that award he qualified under section 129(2) of the Contributions and Benefits Act by virtue—
(i)of paragraph (a) of that subsection; or
(ii)of there being payable to him a benefit under an enactment having effect in Northern Ireland and corresponding to a benefit mentioned in that paragraph,
he shall be treated on the repeat claim as if he still so qualified.