The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

Cases where mobility component of personal independence payment not payable E+W+S

61.—(1) Subject to the following provisions of this regulation, personal independence payment by virtue of entitlement to the mobility component is not payable to any person who would otherwise be entitled to it during any period in respect of which that person has received, or is receiving, any payment—

(a) by way of grant under section 5 of, and paragraph 10 of Schedule 1 to, the National Health Service Act 2006 M1 , section 5 of, and paragraph 10 of Schedule 1 to, the National Health Service (Wales) Act 2006 M2 or section 46 of the National Health Service (Scotland) Act 1978 M3 towards the costs of running a private car;

(b) of mobility supplement under—

(i) the Naval, Military and Air Forces etc., (Disablement and Death) Service Pensions Order 2006 M4 ;

(ii) the Personal Injuries (Civilians) Scheme 1983 M5 ; or

(iii) the Order referred to in paragraph (i) by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964 M6 , the Pensions (Polish Forces) Scheme 1964 M7 , the War Pensions (Mercantile Marine) Scheme 1964 M8 or an Order of Her Majesty in relation to the Home Guard dated 21st or 22nd December 1964 or in relation to the Ulster Defence Regiment dated 4th January 1971; or

(c) out of public funds which the Secretary of State is satisfied is analogous to a payment under sub-paragraph (a) or (b).

(2) Paragraph (3) applies where a person in respect of whom personal independence payment is claimed for any period has received any such payment as is referred to in paragraph (1) for a period which, in whole or in part, covers the period for which personal independence payment is claimed.

(3) Such payment referred to in paragraph (1) is to be treated as an aggregate of equal weekly amounts in respect of each week in the period for which it is made and, where in respect of any such week a person is treated as having a weekly amount so calculated which is less than the weekly rate of mobility component of personal independence payment to which, apart from paragraph (1), they would be entitled, any personal independence payment to which that person may be entitled for that week is to be payable at a weekly rate reduced by the weekly amount so calculated.

Marginal Citations

M1 2006 c.41. There are prospective amendments not yet in force to paragraph 10 of Schedule 1 to the 2006 Act made by the Health and Social Care Act 2012 (c.7).

M2 2006 c.42.

M3 1978 c.29.

M4 S.I. 2006/606.

M5 S.I. 1983/686.

M6 S.I. 1964/1985.

M7 S.I. 1964/2007.

M8 S.I. 1964/2058.