The Social Security (Introduction of Disability Living Allowance) Regulations 1991

Reviews

14.—(1) Where a person is treated as having been awarded disability living allowance under any of the preceding provisions of these Regulations, sections 100A(1), (2) and (4) and 104A(1) of the 1975 Act (reviews of decision given by the adjudication officer and the appellate authorities) shall have effect in his case as if the decision there mentioned was the decision which was referable to the award of disability living allowance.

(2) For the purposes of this regulation, a decision is referable to an award of disability living allowance if—

(a) it was a decision awarding attendance allowance or mobility allowance to such a person and the decision was terminated or cancelled in accordance with Part II or Part III of these Regulations and replaced by the person’s current award of disability living allowance, or was so terminated or cancelled and replaced by an award of disability living allowance which was itself terminated under regulation 13 and replaced by the person’s current award of disability living allowance; or

(b) it was a decision awarding disability living allowance to such a person which was terminated in accordance with regulation 13 and replaced by the person’s current award of disability living allowance.

(3) A decision is also referable to an award of disability living allowance where it was—

(a) a decision of the Attendance Allowance Board on a matter reserved for the Board’s determination under section 105(3) of the 1975 Act and the decision to award attendance allowance mentioned in paragraph (2)(a) was dependant upon the Board’s decision; or

(b) a decision of a medical board or a medical appeal tribunal on a medical question and the decision awarding mobility allowance mentioned in paragraph (2)(a) was dependant upon the board’s or, as the case may be, the tribunal’s decision.

(4) In paragraph (3) “medical board” means 2 or more adjudicating medical practitioners appointed by the Secretary of State to act jointly in consideration of the medical question, and “medical question” has the meaning it bore in regulation 53 of the Social Security (Adjudication) Regulations 1986(1) on 3rd February 1992.

(1)

S.I. 1986/2218; regulation 53 was amended by regulation 2(2) and (3) of S.I. 1988/1725 and regulation 3 of S.I. 1989/1689.