PART 11Movement of individuals between Scotland and the rest of the United Kingdom
Individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland52.
F1(1)
Where an individual—
(a)
becomes resident in Scotland,
(b)
was resident in another part of the United Kingdom, and
(c)
was entitled to Personal Independence Payment immediately before the date of the move,
the Scottish Ministers are to make a determination without application of the individual’s entitlement to Adult Disability Payment.
(2)
Entitlement to Adult Disability Payment under paragraph (1) begins on the day after the day on which the individual’s entitlement to Personal Independence Payment ends.
(3)
In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).
F1(1)
This regulation applies where an individual—
(a)
becomes resident in Scotland,
(b)
was resident in another part of the United Kingdom, and
(c)
was entitled to Personal Independence Payment (“the previous award”) immediately before the date of the move.
(2)
Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Adult Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).
(3)
Where, for the purpose of an application for Adult Disability Payment—
(a)
the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date of the move, and
(b)
an application is made within 34 weeks of the date of the move,
entitlement begins on the day on which the individual’s entitlement to Personal Independence Payment ceased.
(4)
Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Adult Disability Payment begins in accordance with regulation 35(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).
(5)
Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.
(6)
The restrictions in paragraph (7) apply where the Scottish Ministers are under a duty to make a determination in relation to an application by an individual to whom this regulation applies where that individual is over the relevant age as defined in regulation 22(2) on the date of the move.
(7)
The restrictions referred to in paragraph (6) are, where the previous award—
(a)
contains a mobility component award for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Scottish Ministers—
(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 in respect of which the mobility component in the previous award was given,
(b)
contains a mobility component award for the enhanced rate, the Scottish Ministers may only award the enhanced rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,
(c)
does not contain an award of the mobility component, the Scottish Ministers may not award that component at either the standard or enhanced rate.
(8)
In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).