The Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

Regulations supplementary to Articles 3 to 6

7.—(1) The Department may make such regulations as appear to it necessary or expedient in relation to the substitution of disability living allowance for attendance allowance and mobility allowance and the dissolution of the Attendance Allowance Board.

(2) Without prejudice to the generality of this Article, regulations under this Article—

(a) may provide for the termination or cancellation of awards of attendance allowance and awards of mobility allowance;

(b) may direct that a person whose award of either allowance has been terminated or cancelled by virtue of the regulations or who is a child of such a person shall by virtue of the regulations be treated as having been awarded one or more disability living allowances;

(c) may direct that a disability living allowance so treated as having been awarded shall consist of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded either component at such weekly rate and for such period as the regulations may specify;

(d) may provide for the termination in specified circumstances of an award of disability living allowance;

(e) may direct that in specified circumstances a person whose award of disability living allowance has been terminated by virtue of the regulations shall by virtue of the regulations be treated as having been granted a further award of a disability living allowance consisting of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded on the further award either component at such weekly rate and for such period as the regulations may specify;

(f) may provide for the review of awards made by virtue of sub–paragraph (b) or (e) and for the treatment of claims for disability living allowance in respect of beneficiaries with such awards;

(g) may direct that for specified purposes certificates issued by the Attendance Allowance Board shall be treated as evidence of such matters as may be specified in the regulations;

(h) may direct that for specified purposes the replacement of attendance allowance and mobility allowance by disability living allowance shall be disregarded;

(i) may direct that a claim for attendance allowance or mobility allowance shall be treated in specified circumstances and for specified purposes as a claim for disability living allowance or that a claim for disability living allowance shall be treated in specified circumstances and for specified purposes as a claim for attendance allowance or mobility allowance or both;

(j) may direct that in specified circumstances and for specified purposes a claim for a disability living allowance shall be treated as having been made when no such claim was in fact made;

(k) may direct that in specified circumstances a claim for attendance allowance, mobility allowance or disability living allowance shall be treated as not having been made;

(l) may direct that in specified circumstances where a person claims attendance allowance or mobility allowance or both, and also claims disability living allowance his claims may be treated as a single claim for such allowances for such periods as the regulations may specify;

(m) may direct that cases relating to mobility allowance shall be subject to adjudication in accordance with the provisions of the principal Act relating to disability living allowance; and

(n) may direct that, at a time before the Attendance Allowance Board is dissolved, in specified circumstances cases relating to attendance allowance shall be subject to adjudication under the system of adjudication for such cases introduced by this Order.

(3) Regulations under this Article may provide that any provision of the principal Act which relates to disability living allowance, attendance allowance or mobility allowance so far as it so relates, and any provision of Part VII of the 1986 Order which is relevant to disability living allowance, attendance allowance or mobility allowance—

(a) shall have effect subject to modifications, additions or amendments; or

(b) shall not have effect.

(4) Subsections (1), (2) and (3A) of section 155 of the principal Act shall apply in relation to the power conferred by this Article to make regulations as they apply in relation to any power conferred by that Act to make regulations, but as if for references to that Act there were substituted references to this Article.