PART 4N.I.Common provisions
31.—(1) This paragraph applies in relation to an award of personal independence payment or universal credit where the change of circumstances is that the claimant or, in the case of universal credit, a member of the claimant's family, becomes entitled to another relevant benefit [F1or child disability payment], ceases so to be entitled or the rate of another such benefit [F1or child disability payment] alters.N.I.
(2) Where this paragraph applies, the superseding decision takes effect from—
(a)where the superseding decision concerns universal credit, the first day of the assessment period in which—
(i)the entitlement to the other benefit [F2or child disability payment] arises,
(ii)the entitlement to the other benefit [F2or child disability payment] ends, or
(iii)entitlement to a different rate of the other benefit [F2or child disability payment] arises;
(b)where the superseding decision concerns personal independence payment, the date on which—
(i)the entitlement to the other benefit arises,
(ii)the entitlement to the other benefit ends, or
(iii)entitlement to a different rate of the other benefit arises.
(3) For the purpose of sub-paragraph (1), where the superseding decision relates to personal independence payment, “relevant benefit” includes any payment made under any of the provisions mentioned in regulation 56(1) of the Claims and Payments Regulations (cases where mobility component of personal independence payment not payable).
Textual Amendments
[F332. Where the change of circumstances is that there has been a change in the legislation, the superseding decision takes effect—N.I.
(a)in relation to an award of universal credit that exists on the date on which the change in legislation comes into force—
(i)if there is an assessment period for the award that begins on the date on which that change in legislation has effect, from that date; or
(ii)in any other case, from the first day of the next assessment period for the award beginning after the date on which that change had effect;
(b)in any other case, from the date on which that change in the legislation had effect.]
Textual Amendments
[F433. Where the change of circumstances is the expected coming into force of a change in the legislation, the superseding decision takes effect—N.I.
(a)in relation to an award of universal credit that exists on the date on which the change in legislation comes into force—
(i)if there is an assessment period for the award that begins on the date on which that change in legislation has effect, from that date; or
(ii)in any other case, from the first day of the next assessment period for the award beginning after the date on which that change has effect;
(b)in any other case, from the date on which that change in the legislation has effect.]