The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013

Amendment of the Personal Independence Payment (Transitional Provisions) Regulations 2013

2.—(1) The Personal Independence Payment (Transitional Provisions) Regulations 2013(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), after the definition of “pay day” insert—

““relevant date” means the date, specified by the Secretary of State in relation to any category of DLA entitled person, from which the Secretary of State is satisfied that satisfactory arrangements will be in place to assess the entitlement of persons in that category to personal independence payment;”;

(b) after paragraph (3) add—

“(4) As soon as practicable after specifying a relevant date in relation to any category of DLA entitled person, the Secretary of State must publish, in such manner as the Secretary of State considers appropriate, information sufficient to enable any DLA entitled person to ascertain the relevant date, if any, which applies in their case.”.

(3) In regulation 3 (invitations to persons entitled to disability living allowance to claim personal independence payment)—

(a) at the start of paragraph (3) insert “Subject to paragraphs (3A) and (4),”;

(b) after paragraph (3) insert—

“(3A) Paragraph (3) does not apply unless—

(a) the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and

(b) that person reaches 16 on or after that relevant date.”;

(c) at the start of paragraph (5) insert “Subject to paragraph (5A),”;

(d) after paragraph (5) insert—

“(5A) Paragraph (5) does not apply unless—

(a) the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and

(b) that person notifies the Secretary of State of the change of circumstances on or after that relevant date.”.

(4) For regulation 4 (claims by persons entitled to disability living allowance for personal independence payment other than by invitation) substitute—

“4.   A DLA entitled person who has not been sent a notification under regulation 3(1) may not make a claim for personal independence payment unless—

(a) they were aged under 65 on 8th April 2013,

(b) the Secretary of State has specified a relevant date which applies in their case, and

(c) they make the claim on or after that relevant date.”.

(5) In regulation 22 (extinguishment of right to claim disability living allowance), in paragraph (2) omit “, before 28th October 2013,”.

(1)

S.I. 2013/387 amended by S.I. 2013/2231.