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Welfare Reform Act (Northern Ireland) 2007

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This is the original version (as it was originally enacted).

Mobility component of disability living allowance: persons under the age of 16

This section has no associated Explanatory Notes

49.—(1) Section 73 of the Contributions and Benefits Act (mobility component of disability living allowance) is amended as follows.

(2) For subsection (4) substitute—

“(4A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) above has effect subject to the modification that the condition mentioned in paragraph (d) of that subsection shall not be taken to be satisfied unless—

(a)he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require, or

(b)persons of his age in normal physical and mental health would not require such guidance or supervision.”.

(3) In subsection (5), omit “Subject to subsection (4) above,”.

(4) After that subsection insert—

“(5A) Subsection (4A) above has effect subject to regulations made under subsection (5) above (except as otherwise prescribed).”.

(5) After subsection (9) insert—

“(9A) The modifications mentioned in subsection (4A) above shall have effect in relation to the application of subsection (1) above for the purposes of subsection (9) above, but only—

(a)in the case of a person who is under the age of 16 on the date on which the award of the mobility component would begin, and

(b)in relation to so much of any period mentioned in subsection (9) above as falls before the day on which he reaches the age of 16.”.

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