Social Welfare and Pensions Act 2008

14.

Blind welfare allowance — commencement and transitional.

14.— (1) In this section—

“ Chapter 5A ” means Chapter 5A (inserted by section 12 of this Act) of Part 3 of the Principal Act;

“ former blind welfare allowance ” means a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920.

(2) Notwithstanding anything to the contrary in Chapter 5A but subject to subsection (3), where, immediately before the commencement of this section, a person is in receipt of any income arising from the former blind welfare allowance, blind welfare allowance under Chapter 5A is payable to that person on and from that commencement at a rate not less than the rate of the former blind welfare allowance payable to that person immediately before that commencement.

(3) Subsection (2) ceases to apply upon the occurrence, on or after the date of commencement of this section, of a change in the person’s circumstances such as to affect the person’s entitlement under Chapter 5A.

(4) Any determination by an employee of the Executive in relation to the award of the former blind welfare allowance to a person before the commencement of this section has effect, on and from that commencement, as a decision by a deciding officer to award blind welfare allowance to that person under Chapter 5A.

(5) Where, immediately before the commencement of this section, an application made by a person for the former blind welfare allowance has not been finally determined, that application shall be deemed to be an application for blind welfare allowance under Chapter 5A.