The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013

Amendment of the Social Security (Overlapping Benefits) Regulations 1979

10.—(1) The Social Security (Overlapping Benefits) Regulations 1979(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1)(2), in the appropriate places insert—

““the 2012 Act” means the Welfare Reform Act 2012;”;

““the daily living component of personal independence payment” means a payment in accordance with section 78 of the 2012 Act;”; and

““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”.

(3) In regulation 6 (adjustments of personal benefit under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustment of industrial injuries benefits), for paragraph (3)(3) substitute—

“(3) Paragraph (1) and Schedule 1 have effect in relation to—

(a) the following allowances and payments—

(i) an attendance allowance;

(ii) the care component of disability living allowance; and

(iii) the daily living component of personal independence payment; and

(b) any benefit by reference to which an allowance or payment under paragraph (a) above is to be adjusted;

as requiring adjustment where both that allowance or payment and the benefit are payable in respect of the same person (whether or not one or both of them are payable to that person).”.

(4) In regulation 16 (persons to be treated as entitled to benefit for certain purposes)(4)—

(a) after “Part 1 of the Welfare Reform Act” where it appears for the first time insert “, under Part 4 of the 2012 Act”; and

(b) after “Part 1 of the Welfare Reform Act and regulations made under it” insert “, Part 4 of the 2012 Act and regulations made under it”.

(5) In regulation 17 (prevention of double adjustments) for “or Part 1 of the Welfare Reform Act” substitute “, Part 1 of the Welfare Reform Act or Part 4 of the 2012 Act”.

(6) In Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act)—

(a) in column (1) for “Personal benefit under the Act” substitute “Personal benefit”;

(b) in column (1), in paragraph 5(5), for “or the care component of disability living allowance” substitute “, the care component of disability living allowance or the daily living component of personal independence payment”.

(1)

S.I. 1979/597.

(2)

There are amendments to regulation 2(1) which are not relevant to these Regulations.

(3)

Regulation 6(3) was amended by S.I. 1991/2742.

(4)

Regulation 16 was amended by S.I. 1996/1345 and 2008/1554.

(5)

Paragraph 5 of column 1 of Schedule 1 was amended by S.I. 1991/2742.