Social Security Administration (Northern Ireland) Act 1992

9 Initial claims and repeat claims. N.I.

(1) In this section—

• “initial claim” means a claim for a [F1 disabled person’s tax credit] 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 [F1 disabled person’s tax credit].

(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

[F2 (i) he qualified under subsection (2) of section 128 of the Contributions and Benefits Act by virtue of paragraph (a) of that subsection, or 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; or

(ii) he qualified under subsection (2C) of that section or of section 129 of the Great Britain Contributions and Benefits Act,]

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

Textual Amendments

F1 Words in s. 9(1) substituted (5.10.1999) by 1999 c. 10, ss. 1(2), 20(2), Sch. 1 paras. 1, 5

F2 S. 9(3)(b)(i)(ii) substituted (1.10.2000) for s. 9(3)(b)(i)(ii) and preceding words by 1999 c. 10, s. 14(8)(9)