- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/09/2021)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 25/09/2021.
There are currently no known outstanding effects for the The Personal Independence Payment Regulations (Northern Ireland) 2016.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(This note is not part of the Regulations)
These Regulations make provision relating to personal independence payment, a benefit established under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 (“the Order”).
Part 2 provides for the assessment of personal independence payment which will determine whether and to what extent a person who applies for such a payment has limited or severely limited ability to carry out daily living activities and mobility activities.
Regulation 3 provides that the daily living activities and mobility activities are those set out in Schedule 1.
Regulation 4 provides that a person’s ability to carry out those activities is to be determined by an assessment and regulations 5 to 7 set out how those activities are to be scored in the assessment.
Regulation 8 allows the Department for Social Development (“the Department”) to request information or evidence to enable the determination of the claim to be made and requires that such information or evidence is provided within one month or such other period as the Department considers reasonable. If such information is not provided without good reason a negative determination (a determination that the claimant does not meet the requirements to be entitled to personal independence payment) shall be made in relation to the relevant component.
Regulation 9 provides that a claimant may be called to attend and participate in a consultation in person or to participate in a consultation by telephone or both and failure to attend or participate without good reason shall result in a negative determination being made in relation to the relevant component.
Regulation 10 sets out matters which are to be taken into account in determining a good reason referred to in regulations 8 and 9.
Regulation 11 provides that the Department may determine afresh the ability of a claimant to carry out activities.
Part 3 sets out provisions relating to the required period condition which the claimant needs to satisfy to be entitled to personal independence payment.
Part 4 sets out the residence and presence conditions for entitlement to personal independence payment.
Regulation 16 provides that a person must be present in Northern Ireland; have been present in Northern Ireland for 104 weeks out of the previous 156 weeks; be habitually resident in Northern Ireland and not subject to immigration control on every day of the claim.
Regulations 17 to 23 provide exceptions to regulation 16.
Part 5 sets out the rates of personal independence payment.
Part 6 contains provisions relating to age. Regulations 25 to 27 make exceptions to the provision in Article 88(1) of the Order that people over the relevant age cannot claim personal independence payment.
Part 7 makes provision about when payment of personal independence payment will cease because the claimant is resident in a particular place.
Regulation 28 applies to claimants residing in care homes and regulation 29 to claimants residing in hospitals or similar institutions where certain conditions are satisfied.
Regulation 30 provides exceptions to regulations 28 and 29. Regulation 31 makes an exception to Article 92 of the Order which provides that prisoners cannot receive personal independence payment. Regulation 32 provides further information about periods of time spent in a care home, a hospital or similar institution or in legal custody.
An assessment of the impact of this instrument has been carried out. Copies of the impact assessment may be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D Caxton House, Tothill Street, London SW1 9NA. It is also available alongside this instrument and the Explanatory Memorandum on www.legislation.gov.uk.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys