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The Social Security (Adjudication) Regulations (Northern Ireland) 1995

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Appeal to a disability appeal tribunal

27.—(1) The claimant may appeal to a disability appeal tribunal from a decision of an adjudication officer under section 28(1) of the Administration Act in any case in which there arises—

(a)a disability question; or

(b)both a disability question and any other question relating to attendance allowance, disability living allowance or disability working allowance.

(2) In this regulation “disability question” means a question as to—

(a)whether the claimant satisfies the conditions for entitlement to—

(i)the care component of a disability living allowance specified in section 72(1) and (2) of the Contributions and Benefits Act,

(ii)the mobility component of a disability living allowance specified in section 73(1), (8) and (9) of that Act,

(iii)an attendance allowance specified in sections 64 and 65(1) of that Act, or

(iv)a disability working allowance specified in section 128(1)(b) of that Act(1);

(b)the period throughout which the claimant is likely to satisfy the conditions for entitlement to attendance allowance or disability living allowance;

(c)the rate at which attendance allowance is payable; or

(d)the rate at which the care component or the mobility component of a disability living allowance is payable.

(1)

Section 128(1) was amended by Article 12(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

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