The Personal Independence Payment (Transitional Provisions) Regulations 2013

Failure to provide information etc. E+W+S

13.—(1) Where, in relation to a claim for personal independence payment made by a transfer claimant—

(a) a negative determination is made in relation to both components under regulation 8 (information or evidence required for determining limited or severely limited ability to carry out activities) of the PIP Regulations or paragraph (2) of regulation 9 (claimant may be called for consultation to determine whether the claimant has limited or severely limited ability to carry out activities) of the PIP Regulations, or

(b) there is a determination by the Secretary of State that the transfer claimant has—

(i) unreasonably failed to comply with a requirement imposed on the claimant by the Secretary of State under regulation 35 (attendance in person) of the Claims and Payments Regulations, or

(ii) failed to comply with a requirement imposed on the claimant by the Secretary of State under regulation 37 (evidence and information in connection with a claim) of the Claims and Payments Regulations,

the transfer claimant's entitlement to disability living allowance shall terminate with effect from the last day of the period of 14 days starting with the first pay day after the day on which the determination is made.

(2) Where—

(a) for any reason an assessment determination is made on a claim by a transfer claimant in respect of which there has been a determination referred to in paragraph (1)(a) or (b) (for example, because the determination is revised by the Secretary of State under section 9 of the 1998 Act M1 or there is a successful appeal in respect of the determination under section 12 of that Act M2 ), and

(b) personal independence payment is awarded to the transfer claimant,

the transfer claimant shall be entitled to personal independence payment in accordance with regulation 17(2)(b).

Marginal Citations

M1 There is an amendment to section 9 not relevant to these Regulations.

M2 Section 12 was amended by the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2), Schedule 7, paragraph 25, the Welfare Reform Act 2012 , section 102(1) to (4) and the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), Schedule 3, paragraph 149. There are other amendments to section 12 not relevant to these Regulations.