PART 4Welfare Supplementary Payment for loss of Disability-Related Premium on transition from Disability Living Allowance to Personal Independence Payment (Employment and Support Allowance claimants)

Eligibility (couples: enhanced disability premium)21

1

A person (A) is entitled to welfare supplementary payment under this Part if—

a

A is a member of a couple with another person (B),

b

A meets the ESA entitlement condition,

c

A meets the disability-related premium entitlement condition in respect of enhanced disability premium,

d

A or B meet the PIP refusal condition, and

e

A meets the termination of disability-related premium condition.

2

The ESA entitlement condition is that the person is in receipt of employment and support allowance under the Welfare Reform Act (Northern Ireland) 2007 on the transition date.

3

The disability-related premium entitlement condition in respect of enhanced disability premium is that the person is in receipt of enhanced disability premium under paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 on the transition date.

4

The PIP refusal condition is that following a transitional assessment determination, the person is refused personal independence payment, or the component of personal independence payment, that is a condition for entitlement to disability-related premium.

5

The termination of disability-related premium condition is that, in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.