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Disability Living Allowance and Disability Working Allowance Act 1991

Status:

This is the original version (as it was originally enacted).

7Disability working allowance - supplementary

(1)After section 27A of the 1986 Act there shall be inserted—

“Disability working allowance

27BSupplementary provisions about disability working allowance

(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 20(6A)(b) above he has such a disability (in accordance with regulations under section 20(6C) above).

(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 20(6B) above 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.

(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)The further amendments specified in Schedule 3 to this Act shall have effect.

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