The Personal Independence Payment Regulations (Northern Ireland) 2016

PART 1 General

Citation and commencement

1.  These Regulations may be cited as the Personal Independence Payment Regulations (Northern Ireland) 2016 and come into operation on 20th June 2016.

Interpretation

2.—(1) In these Regulations—

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998(1);

[F1 “adult disability payment has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;]

“aid or appliance”—

(a)

means any device which improves, provides or replaces C’s impaired physical or mental function; and

(b)

includes a prosthesis;

“assessment” means the assessment referred to in regulation 4;

“C” means a person who has made a claim for or, as the case may be, is entitled to personal independence payment;

[F2 “child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;]

“component” means the daily living component or, as the case may be, the mobility component of personal independence payment;

“descriptor” means a descriptor in column 2 of the tables in Parts 2 and 3 of Schedule 1;

“disability living allowance” means disability living allowance under section 71 of the Contributions and Benefits Act(2);

“medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or other regimen)F3 ...;

“prescribed date” means the date prescribed by regulation 14 or 15 [F4 or 15A];

“previous award” means an award of either or both components to which C has ceased to be entitled;

“revised” means revised under Article 10 of the 1998 Order and “revision” is to be construed accordingly; and

“superseded” means superseded under Article 11 of the 1998 Order(3) and “supersession” is to be construed accordingly.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered Article is to the Article of the Welfare Reform (Northern Ireland) Order 2015 bearing that number.

(3) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954(4), where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

Textual Amendments

F1 Words in reg. 2(1) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 30(2)(a)

F2 Words in reg. 2(1) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 30(2)(b)

F3 Words in reg. 2(1) omitted (16.1.2017) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/432), regs. 1(1), 6

F4 Words in reg. 2(1) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 30(2)(c)

(1)

S.I. 1998/1506 (N.I. 10)

(2)

1992 c. 7; Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(3)

Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(4)

1954 c. 33 (N.I.)