- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Social Security (Personal Independence Payment) Regulations 2013, PART 6.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
25. Section 83(1) of the Act (persons of pensionable age) does not apply where C has reached the relevant age if C —
(a)was entitled to an award of either or both components on the day preceding the day on which C reached the relevant age; or
(b)made a claim for personal independence payment before reaching the relevant age and that claim was not determined before C reached that age but an award of either or both components would be made in respect of C but for section 83(1) of the Act.
Commencement Information
I1Reg. 25 coming into force in accordance with reg. 1(2) and S.I. 2013/358
26.—(1) Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15 the following exceptions apply.
(2) The exceptions referred to in paragraph (1) are—
(a)section 83(1) of the Act (persons of pensionable age) does not apply;
(b)the reference to ‘2 years’ in regulation 15(1)(b) is to be read as ‘1 year’;
(c)where C is assessed as having severely limited ability to carry out mobility activities for the purposes of the new claim—
(i)C is entitled to the enhanced rate of the mobility component only if C was entitled to that rate of that component under the previous award [F1of personal independence payment or adult disability payment]; and
(ii)where C is not entitled to the enhanced rate of that component because of paragraph (i), C is entitled to the standard rate of that component provided that C was entitled to that rate of that component under the previous award [F2of personal independence payment or adult disability payment]; and
(d)where C is assessed as having limited ability to carry out mobility activities for the purposes of the new claim, C is entitled to the standard rate of the mobility component only if C was entitled to that component, at either rate, under the previous award [F3of personal independence payment or adult disability payment].
Textual Amendments
F1Words in reg. 26(2)(c)(i) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(7)
F2Words in reg. 26(2)(c)(ii) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(7)
F3Words in reg. 26(2)(d) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(7)
Commencement Information
I2Reg. 26 coming into force in accordance with reg. 1(2) and S.I. 2013/358
27.—(1) Subject to paragraph (2), section 83(1) of the Act (persons of pensionable age) does not apply where —
(a)C has reached the relevant age and is entitled to an award (“the original award”) of either or both components pursuant to an exception in regulation 25 or 26; and
(b)that award falls to be revised or superseded.
[F4(2) Where the original award includes an award of the mobility component and is superseded—
(a)pursuant to regulation 23 of the Decisions and Appeals Regulations for a relevant change of circumstances which occurred after C reached the relevant age; or
(b)pursuant to regulation 26(1)(a) of the Decisions and Appeals Regulations where—
(i)the application for supersession was made by C after C reached the relevant age, or
(ii)the supersession proceedings were initiated by the Scottish Ministers after C reached the relevant age,
the restrictions in paragraph (3) apply in relation to the supersession.]
[F5(2) Where the original award includes an award of the mobility component and is superseded—
(a)pursuant to regulation 23 of the Decisions and Appeals Regulations for a relevant change of circumstances which occurred after C reached the relevant age; or
(b)pursuant to regulation 26(1)(a) of the Decisions and Appeals Regulations, where—
(i)the application for supersession was made by C after C reached the relevant age, or
(ii)the supersession proceedings were initiated by the Secretary of State after C reached the relevant age,
the restrictions in paragraph (3) apply in relation to the supersession.]
F6[F7(2A) In paragraph (2), “the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013.]
(3) The restrictions referred to in paragraph (2) are —
(a)where the original mobility component award is for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Secretary of State -
(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 for which the mobility component in the original award was made.
(b)where the original mobility component award is for the enhanced rate, the Secretary of State may only award that rate of that component where entitlement results from substantially the same condition or conditions for which the mobility award was made.
(4) Where the original award does not include an award of the mobility component but C had a previous award of that component, for the purpose of this regulation entitlement under that previous award is to be treated as if it were under the original award provided that the entitlement under the previous award ceased no more than 1 year prior to the date on which the supersession takes or would take effect.
Textual Amendments
F4Reg. 27(2) substituted (S.) (30.11.2020) by The Social Security (Personal Independence Payment) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/340), regs. 1(1), 2(2)
F5Reg. 27(2) substituted (E.W.) (30.11.2020) by The Social Security (Personal Independence Payment) (Amendment) Regulations 2020 (S.I. 2020/1235), regs. 1(1), 2(2)
F6Reg. 27(2A) inserted (E.W.) (30.11.2020) by The Social Security (Personal Independence Payment) (Amendment) Regulations 2020 (S.I. 2020/1235), regs. 1(1), 2(3)
F7Reg. 27(2A) inserted (S.) (30.11.2020) by The Social Security (Personal Independence Payment) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/340), regs. 1(1), 2(3)
Commencement Information
I3Reg. 27 coming into force in accordance with reg. 1(2) and S.I. 2013/358
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: