Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Part I N.I. Claims for and Payments and General Administration of Benefit

Disability working allowance N.I.

9 Initial claims and repeat claims. N.I.

(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 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.