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1.—(1) These Regulations may be cited as the Social Security (Personal Independence Payment) (Amendment) Regulations 2020 and come into force on 30th November 2020.
(2) These Regulations extend to England and Wales only(1).
The provisions being amended extend to England and Wales, and Scotland. This instrument departs from the usual presumption that amendments have the same extent and application as the provisions amended because the Secretary of State does not have legislative competence to exercise functions in relation to Personal Independence Payment (PIP) as regards Scotland. The functions of the Secretary of State under sections 83 and 94 of the Welfare Reform Act 2012, as regards Scotland, transferred to the Scottish Ministers on 1 April 2020. This is both in terms of regulations 3 and 4 of the Scotland Act 2016 (Transitional) Regulations 2017/444, which provide for functions conferred on the Secretary of State by a pre-commencement enactment that would be within the legislative competence of the Scottish Parliament by virtue of exception 1 in reservation F1 in schedule 5 of the Scotland Act 1998 (c.46) (social security schemes) to transfer to the Scottish Ministers on that date; and section 32 of the Scotland Act 2016 (c.11) which provides the meaning of “pre-commencement enactment” in this context. To ensure that regulation 27 of the PIP Regulations continues to operate identically across England and Wales and Scotland, the Scottish Ministers are making parallel regulations (The Social Security (Personal Independence Payment) Amendment (Scotland) Regulations 2020) in identical terms to these Regulations to come into force simultaneously.
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