The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025

Amendment of the Personal Independence Payment Regulations (Northern Ireland) 2016

33.—(1) The Personal Independence Payment Regulations (Northern Ireland) 2016(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “prescribed date”, after “15A” insert “or 15B”;

(b) after the definition of “revised”—

(i) omit the “and”;

(ii) insert—

““Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; and”.

(3) In regulation 14 (the prescribed date), for “or regulation 15A(2) or (3)” substitute “, regulation 15A(2) or (3) or regulation 15B(2) or (3)”.

(4) In regulation 15A (the prescribed date: claims for personal independence payment after award of child disability payment)—

(a) in paragraph (1), for “and (4)” substitute “, (4) and (5)”;

(b) after paragraph (4), insert—

“(5) Where C makes the new claim during the 13 week period provided for in regulation 36 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, for the purpose of this regulation the previous award of child disability payment is to be treated as having ended immediately before C makes the new claim.”.

(5) After regulation 15A, insert—

The prescribed date: claims for personal independence payment after an award of Scottish adult disability living allowance

15B.— (1) Where C makes a claim for personal independence payment (“the new claim”) and had a previous award for Scottish adult disability living allowance, which ended not more than 2 years before the date on which the new claim is made, and C has not been entitled to a personal independence payment on any day since the end of the award of Scottish adult disability living allowance, and was aged 64 years old or younger on 20 June 2016, paragraphs (2), (3), (4), (5) and (6) apply.

(2) In relation to determination of entitlement under the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of Scottish adult disability living allowance; and

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to the new claim as if for the words “the prescribed date” there were substituted “the date on which the new claim for personal independence payment is made”.

(3) Where C is awarded either or both components under the new claim, in relation to continued entitlement to that component or, as the case may be, those components, for the period of 3 months following the date of the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of Scottish adult disability living allowance; and

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to that award as if for words “the prescribed date” there were substituted “each day of the award”.

(4) C is to be regarded as meeting such of the conditions contained in the following provisions of these Regulations (as modified by paragraphs (2) and (3) above) as are relevant to C’s new claim, regardless of whether those conditions have been met—

(a) regulation 12(1)(a) or (2)(a) (required period condition: daily living component);

(b) regulation 13(1)(a) or (2)(a) (required period condition: mobility component).

(5) This regulation is subject to regulation 26A (claim for personal independence payment after an award of Scottish adult disability living allowance and after reaching the relevant age).

(6) Where C makes the new claim during the 13 week period provided for in regulation 48 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, for the purpose of this regulation the previous award of Scottish adult disability living allowance is to be treated as having ended immediately before C made the new claim.”.

(6) After regulation 26 (claim for personal independence payment after an interval and after reaching the relevant age), insert—

Claim for personal independence payment after an award of Scottish adult disability living allowance and after reaching the relevant age

26A.— (1) Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15B(1) the following exceptions apply.

(2) The exceptions referred to in paragraph (1) are—

(a) Article 88(1) of the Order (persons of pensionable age) does not apply;

(b) the reference to ‘2 years’ in regulation 15B(1) is to be read as ‘1 year’.”.

(1)

S.R. 2016 No. 217, amended by S.I. 2022/177.