Social Security Administration (Northern Ireland) Act 1992

[F1 139E. Effect of alteration of rates of personal independence payment N.I.

(1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—

(a) an award of personal independence payment is in force in favour of any person (“the recipient”); and

(b) an alteration in the rate of any component of personal independence payment affects the amount of personal independence payment to which he is entitled.

(2) Where, as a result of the alteration, the amount of personal independence payment to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of personal independence payment in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of personal independence payment as before, the award shall continue in force accordingly.

(4) Subsection (5) applies where a statement mentioned in section 159E(4) of the Great Britain Administration Act is made.

(5) If, in a case where this subsection applies, an award of personal independence payment is made in favour of a person before “the proposed commencing date” (within the meaning of section 159E(4) of the Great Britain Administration Act) and after the date on which the statement is made, the award—

(a) may provide for personal independence payment to be paid as from the proposed commencing date by reference to the rates of the component of personal independence payment which will be in force on that date; or

(b) may be expressed in terms of the rates of those components in force at the date of the award.

(6) In this section—

• “alteration” means alteration by or under any enactment;

• “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

• “component”, in relation to personal independence payment, means the daily living component or mobility component (see Articles 83 and 84 of the Welfare Reform (Northern Ireland) Order 2015).]

Textual Amendments

F1 S. 139E inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 6