PART 6Provisions relating to age
Revision and supersession of an award after the person has reached the relevant age27
1
Subject to paragraph (2), Article 88(1) does not apply where—
a
C has reached the relevant age and is entitled to an award (“the original award”) of either or both components pursuant to an exception in regulation 25 or 26; and
b
that award falls to be revised or superseded.
F12
Where the original award includes an award of the mobility component and is superseded—
a
pursuant to regulation 23 of the Decisions and Appeals Regulations for a relevant change of circumstance which occurred after C reached the relevant age; or
b
pursuant to regulation 26(1)(a) of the Decisions and Appeals Regulations, where—
i
the application for supersession was made by C after C reached the relevant age, or
ii
the supersession proceedings were initiated by the Department after C reached the relevant age,
the restrictions in paragraph (3) apply in relation to the supersession.
F22A
In paragraph (2) the “Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016.
3
The restrictions referred to in paragraph (2) are—
a
where the original mobility component award is for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Department—
i
may only make an award for the standard rate of that component, and
ii
may only make such an award where entitlement results from substantially the same condition or conditions for which the mobility component in the original award was made;
b
where the original mobility component award is for the enhanced rate, the Department may only award that rate of that component where entitlement results from substantially the same condition or conditions for which the mobility award was made.
4
Where the original award does not include an award of the mobility component but C had a previous award of that component, for the purpose of this regulation entitlement under that previous award is to be treated as if it were under the original award provided that the entitlement under the previous award ceased no more than one year prior to the date on which the supersession takes or would take effect.