OpenLegislation

Regulation 27 Appeal to a disability appeal tribunal

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The claimant may appeal to a disability appeal tribunal from a decision of an adjudication officer under section 28(1) of the Administration Act in any case in which there arises—

(a)

a disability question; or

(b)

both a disability question and any other question relating to attendance allowance, disability living allowance or disability working allowance.

(2)

In this regulation “disability question” means a question as to—

(a)

whether the claimant satisfies the conditions for entitlement to—

(i)

the care component of a disability living allowance specified in section 72(1) and (2) of the Contributions and Benefits Act,

(ii)

the mobility component of a disability living allowance specified in section 73(1), (8) and (9) of that Act,

(iii)

an attendance allowance specified in sections 64 and 65(1) of that Act, or

(iv)

a disability working allowance specified in section 128(1)(b) of that Actf1;

(b)

the period throughout which the claimant is likely to satisfy the conditions for entitlement to attendance allowance or disability living allowance;

(c)

the rate at which attendance allowance is payable; or

(d)

the rate at which the care component or the mobility component of a disability living allowance is payable.

Annotations

Footnotes

f1

Section 128(1) was amended by Article 12(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))