PART 3Required period condition

The prescribed date: claims for personal independence payment after an interval

15.—(1) Paragraphs (2) and (3) apply where—

(a)C makes a claim for personal independence payment (“the new claim”);

(b)C had a previous award [F1for personal independence payment or adult disability payment] which ended not more than 2 years before the date on which the new claim is made;

(c)the previous award referred to in sub-paragraph (b) [F2where that award was in respect of personal independence payment or adult disability payment] consisted of the same component as the one to which C is entitled (or would be entitled if C met the required period condition) under the new claim; and

(d)the Department determines that the entitlement under the new claim results from—

(i)substantially the same physical or mental condition or conditions for which the previous award was made, or

(ii)a new physical or mental condition which developed as a result of a condition for which the previous award was made.

(2) In relation to the determination of entitlement under the new claim—

(a)the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended [F3where that award was in respect of personal independence payment or adult disability payment]; and

(b)regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to the new claim as if, for “the prescribed date” there were substituted “the date on which the new claim for personal independence payment is made”.

(3) Where C is awarded either or both components under the new claim, in relation to continued entitlement to that component or, as the case may be, those components, for the period of 3 months following the date of the new claim—

(a)the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended [F4where that award was in respect of personal independence payment or adult disability payment]; and

(b)regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to that award as if, for “the prescribed date” there were substituted “each day of the award”.

(4) This regulation is subject to regulation 26.

Textual Amendments