Temporary absence from Northern Ireland when transfer claimant becomes entitled to personal independence payment
26.—(1) This paragraph applies to a transfer claimant awarded personal independence payment if, on the day that the claimant’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b), the claimant would otherwise be temporarily absent from Northern Ireland but is treated as present in Northern Ireland by virtue of—
(a)regulation 2(2)(d) of the Disability Living Allowance Regulations(1) (conditions as to residence and presence in Northern Ireland), because the first 13 weeks of absence referred to in that regulation have not expired; or
(b)regulation 2(2B)(2) of those Regulations, because the first 26 weeks of absence referred to in that regulation have not expired.
(2) In applying regulation 17 of the Personal Independence Payment Regulations (absence from Northern Ireland) to a transfer claimant to whom paragraph (1)(a) applies, the period—
(a)starting with the first day on which the claimant was treated as present in Northern Ireland by virtue of regulation 2(2)(d) of the Disability Living Allowance Regulations; and
(b)ending with the day on which the claimant’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b),
shall be counted towards the 13 weeks of absence referred to in regulation 17 of the Personal Independence Payment Regulations.
(3) In applying regulation 18 of the Personal Independence Payment Regulations (absence from Northern Ireland to receive medical treatment) to a transfer claimant to whom paragraph (1)(b) applies, the period—
(a)starting with the first day of absence for the purpose of regulation 2(2B) of the Disability Living Allowance Regulations; and
(b)ending with the day on which the claimant’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b),
shall be counted towards the 26 weeks of absence referred to in regulation 18 of the Personal Independence Payment Regulations.
Paragraph (2)(d) is substituted by regulation 4(3)(c) of S.R. 2016 No. 229
Paragraph (2B) is inserted by regulation 4(3)(f) of S.R. 2016 No. 229