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Part 4 U.K.Personal independence payment

GeneralU.K.

Prospective

90Abolition of disability living allowanceE+W+S

Sections 71 to 76 of the Social Security Contributions and Benefits Act 1992 (disability living allowance) are repealed.

91AmendmentsE+W+S

Schedule 9 contains amendments relating to this Part.

Commencement Information

I1S. 91 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 3(d)

I2S. 91 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(2), Sch. 2 para. 43

I3S. 91 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 22, 23

I4S. 91 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I5S. 91 in force at 10.6.2013 for specified purposes by S.I. 2013/1250, art. 2

92Power to make supplementary and consequential provisionU.K.

(1)Regulations may make such consequential, supplementary or incidental provision in relation to any provision of this Part as the Secretary of State considers appropriate.

(2)Regulations under this section may—

(a)amend, repeal or revoke any primary or secondary legislation passed or made before the day on which this Act is passed, or

(b)amend or repeal any provision of an Act passed on or after that day but in the same session of Parliament.

(3)In this section—

(a)primary legislation” means an Act or Act of the Scottish Parliament;

(b)secondary legislation” means any instrument made under primary legislation.

Commencement Information

I6S. 92 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 31

93TransitionalE+W+S

(1)Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the coming into force of any provision of this Part.

(2)Schedule 10 (transitional provision for introduction of personal independence payment) has effect.

Commencement Information

I7S. 93 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 32

94RegulationsE+W+S

(1)Regulations under this Part are to be made by the Secretary of State.

(2)A power to make regulations under this Part may be exercised—

(a)so as to make different provision for different cases or purposes;

(b)in relation to all or only some of the cases or purposes for which it may be exercised.

(3)Such a power includes—

(a)power to make incidental, supplementary, consequential or transitional provision or savings;

(b)power to provide for a person to exercise a discretion in dealing with any matter.

(4)The power under subsection (2)(a) includes, in particular, power to make different provision for persons of different ages.

(5)Regulations under this Part are to be made by statutory instrument.

(6)A statutory instrument containing (whether alone or with other provision) any of the following—

(a)the first regulations under section 78(4) or 79(4);

(b)the first regulations under section 80;

(c)the first regulations under that section containing provision about assessment of persons under the age of 16,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I8S. 94 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 33

95Interpretation of Part 4E+W+S

In this Part—

Commencement Information

I9S. 95 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 16

I10S. 95 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(j), Sch. 3

I11S. 95 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2