C1C2C3C4C5PART 5Personal independence payment
Pt. 5 modified (1.1.2021) by The Social Security (Norway) Order (Northern Ireland) 2020 (S.R. 2020/357), arts. 1(2), 2, Sch.
Pt. 5 modified (coming into force in accordance with art. 1 of the amending Rule) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), arts. 1(2), 2(2)(g), Sch.
Pts. 2, 5 modified (coming into operation in accordance with art. 1(1) of the amending S.R.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023 (S.R. 2023/181), arts. 1(1), 2, Sch.
Pt. 5 modified (coming into force in accordance with art. 1(3) of the amending Rule) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), art. 2(2)(g)
Personal independence payment
Ability to carry out daily living activities or mobility activitiesI185
1
For the purposes of this Part, the following questions are to be determined in accordance with regulations—
a
whether a person's ability to carry out daily living activities is limited by the person's physical or mental condition;
b
whether a person's ability to carry out daily living activities is severely limited by the person's physical or mental condition;
c
whether a person's ability to carry out mobility activities is limited by the person's physical or mental condition;
d
whether a person's ability to carry out mobility activities is severely limited by the person's physical or mental condition.
2
Regulations must make provision for determining, for the purposes of each of Articles 83(1) and (2) and 84(1) and (2), whether a person meets “the required period condition” (see further Article 86).
3
Regulations under this Article—
a
must provide for the questions mentioned in paragraphs (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;
b
must provide for the way in which an assessment is to be carried out;
c
must provide for relevant medical evidence to be taken into account in assessing a person and may make provision about other matters which are, or are not, to be taken into account.
4
The regulations may, in particular, make provision—
a
about the information or evidence required for the purpose of determining the questions mentioned in paragraphs (1) and (2);
b
about the way in which that information or evidence is to be provided;
c
requiring a person to participate in such a consultation, with a person approved by the Department, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).
5
The regulations may include provision—
a
for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under paragraph (4);
b
about what does or does not constitute a good reason for such a failure;
c
about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.
6
In paragraph (5)(a) a “negative determination” means a determination that a person does not meet the requirements of—
a
Article 83(1)(a) and (b) or (2)(a) and (b) (daily living component);
b
Article 84(1)(a) to (c) or (2)(a) to (c) (mobility component).
Pt. 5 modified (coming into operation in accordance with art. 1 of the amending Rule) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), art. 2; 2020 c. 1, Sch. 5 para. 1(1)