C1C4C2C3C5C6C7Part 4Personal independence payment

Annotations:
Modifications etc. (not altering text)
C4

Pt. 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C2

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C3

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C6

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C7

Pts. 1, 4 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

Personal independence payment

I180Ability to carry out daily living activities or mobility activities

1

For the purposes of this Part, the following questions are to be determined in accordance with regulations—

a

whether a person's ability to carry out daily living activities is limited by the person's physical or mental condition;

b

whether a person's ability to carry out daily living activities is severely limited by the person's physical or mental condition;

c

whether a person's ability to carry out mobility activities is limited by the person's physical or mental condition;

d

whether a person's ability to carry out mobility activities is severely limited by the person's physical or mental condition.

2

Regulations must make provision for determining, for the purposes of each of sections 78(1) and (2) and 79(1) and (2), whether a person meets “the required period condition” (see further section 81).

3

Regulations under this section—

a

must provide for the questions mentioned in subsections (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;

b

must provide for the way in which an assessment is to be carried out;

c

may make provision about matters which are, or are not, to be taken into account in assessing a person.

4

The regulations may, in particular, make provision—

a

about the information or evidence required for the purpose of determining the questions mentioned in subsections (1) and (2);

b

about the way in which that information or evidence is to be provided;

c

requiring a person to participate in such a consultation, with a person approved by the Secretary of State, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).

5

The regulations may include provision—

a

for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under subsection (4);

b

about what does or does not constitute a good reason for such a failure;

c

about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.

6

In subsection (5)(a) a “negative determination” means a determination that a person does not meet the requirements of—

a

section 78(1)(a) and (b) or (2)(a) and (b) (daily living component);

b

section 79(1)(a) to (c) or (2)(a) to (c) (mobility component).