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8.—(1) For the purposes of section 9 of the Act a child or qualifying young person—
(a)is disabled if he satisfies the requirements of paragraph (2); and
(b)is severely disabled if he satisfies the requirements of paragraph (3).
(2) A person satisfies the requirements of this paragraph if—
(a)disability living allowance is payable in respect of him, or has ceased to be so payable solely because he is a patient; or
(b)he is—
(i)registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services)(1),
(ii)in Scotland, has been certified as blind in a register maintained by or on behalf of a local government area (as defined in the Local Government etc. (Scotland) Act 1994(2)), or
(iii)in Northern Ireland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; or
(c)he ceased to be so registered or certified as blind within the 28 weeks immediately preceding the date of claim.
(3) A person satisfies the requirements of this paragraph if the care component of disability living allowance—
(a)is payable in respect of him, or
(b)would be so payable but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act(3) or an abatement as a consequence of hospitalisation,
at the highest rate prescribed under section 72(3) of that Act.
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