The Personal Independence Payment (Transitional Provisions) Regulations 2013

2.—(1) In these Regulations—

“the Act” means the Welfare Reform Act 2012;

“the 1987 Regulations” means the Social Security (Claims and Payments) Regulations 1987 M1 ;

“the 1991 Regulations” means the Social Security (Disability Living Allowance) Regulations 1991 M2 ;

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992 M3 ;

“the 1998 Act” means the Social Security Act 1998 M4 ;

“the 1999 Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M5 ;

“the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 M6 ;

“the PIP Regulations” means the Social Security (Personal Independence Payment) Regulations 2013 M7 ;

“the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 M8 ;

“appropriate office” has the meaning given by regulation 2 (interpretation) of the Claims and Payments Regulations;

“assessment determination” means the determination, under regulation 4 (assessment of ability to carry out activities) of the PIP Regulations, of a claim for personal independence payment made by a transfer claimant;

“change of circumstances” means a change of circumstances which a person might reasonably have been expected to know might affect the continuance of that person's entitlement to disability living allowance (by ending entitlement to one component or both components or resulting in entitlement to one or both components being at a different rate);

“component”, in relation to disability living allowance, means one of the components of disability living allowance referred to in section 71 (disability living allowance) of the 1992 Act;

“disability living allowance” means the benefit known by that name that is provided for in sections 71 to 76 of the 1992 Act;

“DLA entitled person” means a person aged 16 or over who is entitled to either component or both components of disability living allowance;

“electronic communication” has the meaning given by subsection (1) of section 15 (general interpretation) of the Electronic Communications Act 2000 M9 ;

[F1 “exempt person” means a DLA entitled person in respect of whom, by virtue of regulation 8(2B) or 12A(3) of the 1991 Regulations (person under the age of 18 on the day of entry into hospital), a disability living allowance is payable even though they are maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or other similar institution;]

“notified person” means a DLA entitled person who has been sent a notification by the Secretary of State under regulation 3(1);

“pay day”, in relation to disability living allowance, means—

(a)

in the case of a payment of disability living allowance in respect of a period to which paragraph (2) of regulation 25 M10 of the 1987 Regulations applies, the day on which the payment is made in accordance with paragraph (1) of that regulation M11 ;

(b)

in the case of any other payment of disability living allowance, the day on which the allowance is payable in accordance with paragraph 1 of Schedule 6 M12 (days for payment of long term benefits) to the 1987 Regulations.

[F2 “relevant date” means the date, specified by the Secretary of State in relation to any category of DLA entitled person, from which the Secretary of State is satisfied that satisfactory arrangements will be in place to assess the entitlement of persons in that category to personal independence payment;]

“transfer claimant” means a person who is either—

(a)

a notified person who has claimed personal independence payment in response to a notification sent by the Secretary of State under regulation 3(1), or

(b)

a voluntary transfer claimant;

“voluntary transfer claimant” means a DLA entitled person who has claimed personal independence payment under regulation 4.

(2) For the purpose of these Regulations, except regulations 8, 12 and 16—

(a) a claim for personal independence payment is made—

(i) in the case of a claim made in writing other than by means of an electronic communication, on the day on which a form, authorised by the Secretary of State for the purpose, containing all the information requested in the form is delivered to or received at the appropriate office,

(ii) in the case of a claim made in writing by means of an electronic communication made in accordance with the provisions set out in Part 1 of Schedule 2 (use of electronic communications) to the Claims and Payments Regulations, on the day on which an electronic communication containing all the information requested by the Secretary of State in the form referred to in paragraph (i), or completing that information, is received at the appropriate office, and

(iii) in the case of a claim made by telephone, on the day on which a telephone call takes place during which all the information requested by the Secretary of State in the form referred to in paragraph (i) is supplied or which results in all that information having been supplied; and

(b) references to the making of a claim do not include the making of a defective claim.

(3) The Claims and Payments Regulations, the PIP Regulations and the Decisions and Appeals Regulations apply to the claims for personal independence payment referred to in these Regulations except where—

(a) these Regulations provide otherwise, or

(b) the application of those Regulations would be inconsistent with the application of these Regulations.

[F3 (4) As soon as practicable after specifying a relevant date in relation to any category of DLA entitled person, the Secretary of State must publish, in such manner as the Secretary of State considers appropriate, information sufficient to enable any DLA entitled person to ascertain the relevant date, if any, which applies in their case.]

Textual Amendments

F1 Words in reg. 2(1) inserted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 4(2)

F2 Words in reg. 2(1) inserted (25.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2689), regs. 1(2), 2(2)(a)

F3 Reg. 2(4) added (25.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2689), regs. 1(2), 2(2)(b)

Marginal Citations

M1 S.I. 1987/1968. These Regulations were revoked, in so far as they relate to child benefit and guardian's allowance, by the Child Benefit and Guardian's Allowance (Administration) Regulations 2003 (S.I. 2003/492), regulation 43, Schedule 3 and Part 1.

M2 S.I. 1991/2890.

M3 1992 c. 4.

M4 1998 c. 14.

M5 S.I. 1999/991.

M6 S.I. 2013/380.

M7 S.I. 2013/377.

M8 S.I. 2013/381.

M9 2000 c.7. The definition of “electronic communication” was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158.

M10 Paragraph (2) was amended by the Social Security (Claims and Payments) Regulations 1991 (S.I. 1991/2741), regulation 13(b) to (f).

M11 Paragraph (1) was amended by the Social Security (Claims and Payments) Regulations 1991, regulation 13(a) and by the Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 (S.I. 1996/1436), regulation 3.

M12 Paragraph 1 was substituted by the Social Security (Claims and Payments) Regulations 1991, regulation 27.