Part I Claims for and Payments and General Administration of Benefit

Disability working allowance

9 Initial claims and repeat claims.

1

In this section—

  • “initial claim” means a claim for a disability working allowance made by a person—

    1. a

      to whom it has not previously been payable; or

    2. 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 128(1)(b) of the Contributions and Benefits Act he has such a disability (in accordance with regulations under section 128(3) of that Act).

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 128(2) of the Contributions and Benefits Act 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 Great Britain and corresponding to a benefit mentioned in that paragraph,

he shall be treated on the repeat claim as if he still so qualified.