The Personal Independence Payment (Transitional Provisions) Amendment (Scotland) Regulations 2020

Amendment of the Personal Independence Payment (Transitional Provisions) Regulations 2013

2.—(1) The Personal Independence Payment (Transitional Provisions) Regulations 2013(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 3—

(a) in paragraph (3), after “paragraphs” insert “(3ZA),”,

(b) after paragraph (3) insert—

“(3ZA) The Scottish Ministers(2) must not send a notification under paragraph (1) to a DLA entitled person who—

(a) reaches the age of 16 on or after 1 September 2020, and

(b) is resident in Scotland,

until the person reaches the age of 18, after which the Scottish Ministers must send a notification under paragraph (1) to that person as soon as reasonably practicable.”,

(c) in paragraph (4), for “Paragraph (3) does” substitute “Paragraphs (3) and (3ZA) do”,

(d) in paragraph (4A) for “paragraph (3)” in both places where it appears substitute “paragraphs (3) or (3ZA)”.

(3) After regulation 4, insert—

“Claims by persons entitled to disability living allowance for personal independence payment upon becoming resident in Scotland

4A.— (1) Paragraphs (2) to (4) apply where a DLA entitled person who reaches the age of 16 on or after 1 September 2020—

(a) has been sent a notification under regulation 3(1) whilst resident in England or Wales, and

(b) becomes resident in Scotland before an assessment determination is made.

(2) From the date on which the person becomes resident in Scotland—

(a) the notification sent under regulation 3(1) ceases to have effect,

(b) regulations 8 to 11 are of no effect in respect of that notification,

(c) regulations 3(3ZA) and 18A apply in respect of the person, and

(d) for the purposes of regulation 4, the person is treated as though they have not been sent a notification under regulation 3(1).

(3) If the person described in paragraph (1) has made a claim for personal independence payment—

(a) for the avoidance of doubt, nothing in paragraph (2) affects the validity of a claim for personal independence payment that has been made in pursuance of the notification,

(b) the claim will continue towards an assessment determination, unless it is withdrawn under regulation 31 (withdrawal of claim) of the Claims and Payments Regulations.

(4) If the person described in paragraph (1) has made a claim for personal independence payment in pursuance of the notification, and then withdraws their claim under regulation 31 (withdrawal of claim) of the Claims and Payments Regulations before an assessment determination is made, regulation 15 does not apply in respect of that withdrawal.”.

(4) In regulation 18(1), for “Where” substitute “Subject to regulation 18A, where”.

(5) After regulation 18, insert—

“Extension of certain fixed term period awards of disability living allowance for persons resident in Scotland reaching 16

18A.— (1) Where there is an award of disability living allowance to a DLA entitled person and—

(a) the award is of—

(i) both components and the award in respect of either or both is for a fixed term period, or

(ii) one component only and for a fixed term period,

(b) the person reaches the age of 16 on or after 1 September 2020,

(c) the fixed term period will expire in the period starting with the day before the person reaches the age of 16 and ending with the day before the person reaches the age of 18, and

(d) the person is resident in Scotland,

the fixed term period shall be extended.

(2) A fixed term period extended under paragraph (1) shall expire on the day before the person reaches 18 years and 6 months, or where these Regulations have the effect that the person’s entitlement to disability living allowance terminates on an earlier day, on that  day.”.

(1)

S.I. 2013/387; relevant amending instruments are S.I. 2013/2231, S.I. 2013/2689 and S.I. 2016/556.

(2)

The functions conferred on the Secretary of State by the Personal Independence Payment (Transitional Provisions) Regulations 2013 (“the 2013 regulations”), as regards Scotland, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) as amended by section 32 of the Scotland Act 2016 (c.11). This includes the function of sending a notification under regulation 3(1). By virtue of section 117 of the Scotland Act 1998, as read with section 32 of the Scotland Act 2016, references in the 2013 regulations to the Secretary of State are to be read as references to the Scottish Ministers in so far as relating to functions that are exercisable within devolved competence.