PART 9Making of applications and payments and duration of eligibility

Continuing Eligibility37

1

Subject to paragraphs (3) and (4), a determination that an individual is entitled to Adult Disability Payment in respect of a period is to be made on the basis that the individual has an ongoing entitlement to Adult Disability Payment after the end of that period, except where paragraph (2) applies.

2

This paragraph applies where, after the end of the period mentioned in paragraph (1), the individual no longer satisfies the eligibility rules.

3

A determination of ongoing entitlement is made on the basis that—

a

the individual will continue to be entitled to Adult Disability Payment for a fixed or indefinite period as specified in the notice of determination, and

b

the decision that the individual is entitled to Adult Disability Payment for each subsequent 4-week period is to be taken in accordance with these Regulations, on the strength of the assumptions set out in paragraph (4).

4

The assumptions are that—

a

the individual continues to satisfy the eligibility criteria which were satisfied to be entitled to Adult Disability Payment under the determination mentioned in paragraph (1),

b

the information on which the determination mentioned in paragraph (1) was made still applies and is relevant in the individual’s case, and

c

there is no change in circumstances of the individual which would require to be notified under section 56 (duty to notify change of circumstances) of the 2018 Act.