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9.—(1) After Article 28A of the 1986 Order there shall be inserted the following—
28B.—(1) In this Article—
“initial claim” means a claim for a disability working allowance made by a person—
to whom it has not previously been payable; or
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 Article 21(6A)(b) he has such a disability in accordance with regulations under Article 21(6C).
(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 Article 21(6B) by virtue—
(i)of sub–paragraph (a) of that paragraph; or
(ii)of there being payable to him a benefit under a statutory provision having effect in Great Britain and corresponding to a benefit mentioned in that sub–paragraph,
all be treated on the repeat claim as if he still so qualified.
(4) Regulations may provide that an award of a disability working allowance to a person shall terminate if—
(a)a disability working allowance becomes payable in respect of some other person who was a member of his family at the date of his claim for a disability working allowance; or
(b)income support or family credit becomes payable in respect of a person who was a member of the family at that date.”.
(2) Schedule 3 which makes further amendments shall have effect.