Treatment of persons in hospital or care home during transfer to personal independence payment
25.—(1) This regulation applies to a transfer claimant awarded personal independence payment if, on the day on which the claimant’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b), the claimant is a person who—
(a)fails to meet the condition in regulation 8(1) of the Disability Living Allowance Regulations(1) (hospitalisation) but is nevertheless entitled to payment of the care component by reason of the application of regulation 10 of those Regulations(2) (exemption from regulations 8 and 9);
(b)fails to meet the condition in regulation 12A(1) of the Disability Living Allowance Regulations(3) (hospitalisation in mobility component cases) but is nevertheless entitled to payment of the mobility component by reason of the application of regulation 12B of those Regulations (exemption from regulation 12A); or
(c)fails to meet both of the conditions referred to in sub-paragraphs (a) and (b) but is nevertheless entitled to payment of both components by reason of the application of regulations 10 and 12B of the Disability Living Allowance Regulations,
and, on the day on which the claimant’s entitlement to personal independence payment starts in accordance with regulation 17(4), the claimant meets the condition in Article 91(2) of the 2015 Order (hospital in-patients).
(2) This regulation also applies to a transfer claimant awarded personal independence payment if—
(a)on the day on which the claimant’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b), the claimant is a person—
(i)to whom the care component of disability living allowance is not payable under regulation 9(1) of the Disability Living Allowance Regulations(4) (persons in care homes), but
(ii)who is nevertheless entitled to payment of that component by reason of the application of regulation 10 of those Regulations; and
(b)on the day on which the claimant’s entitlement to personal independence payment starts in accordance with regulation 17(4), the claimant meets the condition in Article 90(2) of the 2015 Order (care home residents).
(3) Where this regulation applies to a transfer claimant—
(a)the day on which the claimant’s entitlement to personal independence payment starts in accordance with regulation 17(4) shall be treated as being the first day of the period referred to in regulation 30(1) of the Personal Independence Payment Regulations (payability exceptions: care homes and hospitals); and
(b)regulation 30(2) of those Regulations shall not apply to the claimant in respect of either that day or any consecutive period of days starting with that day during which the claimant meets the condition in Article 90(2) or 91(2) of the 2015 Order.
Regulation 8(1) was substituted by regulation 3(2)(a) of S.R. 1992 No. 481
Regulation 10 was amended by regulation 3 of S.R. 1992 No. 144, regulation 4(3) of S.R. 1993 No. 149, regulation 3(3)(b) of S.R. 1993 No. 165, Article 7(4)(b) of S.R. 1999 No. 428 (C. 32), regulation 3(4) of S.R. 2000 No. 195 and regulation 3(3) of S.R. 2007 No. 431
Regulations 12A and 12B were inserted by regulation 4(3) of S.R. 1996 No. 225 and regulation 12A was amended by regulation 4(3) of S.R. 1999 No. 221, regulation 3(2) of S.R. 2000 No. 195 and regulation 12B was amended by regulation 2 of S.R. 1996 No. 290 and Article 7(4) of S.R 1999 No. 42 (C. 32)8
Regulation 9 was substituted by regulation 3(2) of S.R. 2007 No. 431