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The Welfare Reform (Northern Ireland) Order 2015

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  • specified provision(s) amendment to earlier commencing SR 2016/46, art. 5(a) by S.R. 2016/166 art. 3

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Commencement Orders yet to be applied to the The Welfare Reform (Northern Ireland) Order 2015

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Commencement Orders bringing legislation that affects this Order into force:

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Personal independence paymentN.I.

Personal independence paymentN.I.

82.—(1) An allowance known as personal independence payment is payable in accordance with this Part.

(2) A person's entitlement to personal independence payment may be an entitlement to—

(a)the daily living component (see Article 83);

(b)the mobility component (see Article 84); or

(c)both those components.

(3) A person is not entitled to personal independence payment unless the person meets prescribed conditions relating to residence and presence in Northern Ireland.

Daily living componentN.I.

83.—(1) A person is entitled to the daily living component at the standard rate if—

(a)the person's ability to carry out daily living activities is limited by the person's physical or mental condition; and

(b)the person meets the required period condition.

(2) A person is entitled to the daily living component at the enhanced rate if—

(a)the person's ability to carry out daily living activities is severely limited by the person's physical or mental condition; and

(b)the person meets the required period condition.

(3) In this Article, in relation to the daily living component—

(a)the standard rate” means such weekly rate as may be prescribed;

(b)the enhanced rate” means such weekly rate as may be prescribed.

(4) In this Part “daily living activities” means such activities as may be prescribed for the purposes of this Article.

(5) See Articles 85 and 86 for provision about determining—

(a)whether the requirements of paragraph (1)(a) or (2)(a) are met;

(b)whether a person meets “the required period condition” for the purposes of paragraph (1)(b) or (2)(b).

(6) This Article is subject to the provisions of this Part, or regulations under it, relating to entitlement to the daily living component (see in particular Articles 87 (terminal illness) and 88 (persons of pensionable age)).

Mobility componentN.I.

84.—(1) A person is entitled to the mobility component at the standard rate if—

(a)the person is of or over the age prescribed for the purposes of this paragraph;

(b)the person's ability to carry out mobility activities is limited by the person's physical or mental condition; and

(c)the person meets the required period condition.

(2) A person is entitled to the mobility component at the enhanced rate if—

(a)the person is of or over the age prescribed for the purposes of this paragraph;

(b)the person's ability to carry out mobility activities is severely limited by the person's physical or mental condition; and

(c)the person meets the required period condition.

(3) In this Article, in relation to the mobility component—

(a)the standard rate” means such weekly rate as may be prescribed;

(b)the enhanced rate” means such weekly rate as may be prescribed.

(4) In this Part “mobility activities” means such activities as may be prescribed for the purposes of this Article.

(5) See Articles 85 and 86 for provision about determining—

(a)whether the requirements of paragraph (1)(b) or (2)(b) are met;

(b)whether a person meets “the required period condition” for the purposes of paragraph (1)(c) or (2)(c).

(6) This Article is subject to the provisions of this Part, or regulations under it, relating to entitlement to the mobility component (see in particular Articles 87 and 88).

(7) Regulations may provide that a person is not entitled to the mobility component for a period (even though the requirements in paragraph (1) or (2) are met) in prescribed circumstances where the person's condition is such that during all or most of the period the person is unlikely to benefit from enhanced mobility.

Ability to carry out daily living activities or mobility activitiesN.I.

85.—(1) For the purposes of this Part, the following questions are to be determined in accordance with regulations—

(a)whether a person's ability to carry out daily living activities is limited by the person's physical or mental condition;

(b)whether a person's ability to carry out daily living activities is severely limited by the person's physical or mental condition;

(c)whether a person's ability to carry out mobility activities is limited by the person's physical or mental condition;

(d)whether a person's ability to carry out mobility activities is severely limited by the person's physical or mental condition.

(2) Regulations must make provision for determining, for the purposes of each of Articles 83(1) and (2) and 84(1) and (2), whether a person meets “the required period condition” (see further Article 86).

(3) Regulations under this Article—

(a)must provide for the questions mentioned in paragraphs (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;

(b)must provide for the way in which an assessment is to be carried out;

(c)must provide for relevant medical evidence to be taken into account in assessing a person and may make provision about other matters which are, or are not, to be taken into account.

(4) The regulations may, in particular, make provision—

(a)about the information or evidence required for the purpose of determining the questions mentioned in paragraphs (1) and (2);

(b)about the way in which that information or evidence is to be provided;

(c)requiring a person to participate in such a consultation, with a person approved by the Department, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).

(5) The regulations may include provision—

(a)for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under paragraph (4);

(b)about what does or does not constitute a good reason for such a failure;

(c)about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.

(6) In paragraph (5)(a) a “negative determination” means a determination that a person does not meet the requirements of—

(a)Article 83(1)(a) and (b) or (2)(a) and (b) (daily living component);

(b)Article 84(1)(a) to (c) or (2)(a) to (c) (mobility component).

Required period condition: further provisionN.I.

86.—(1) Regulations under Article 85(2) must provide for the question of whether a person meets “the required period condition” for the purposes of Article 83(1) or (2) or 84(1) or (2) to be determined by reference to—

(a)whether, as respects every time in the previous 3 months, it is likely that if the relevant ability had been assessed at that time that ability would have been determined to be limited or (as the case may be) severely limited by the person's physical or mental condition; and

(b)whether, as respects every time in the next 9 months, it is likely that if the relevant ability were to be assessed at that time that ability would be determined to be limited or (as the case may be) severely limited by the person's physical or mental condition.

(2) In paragraph (1) “the relevant ability” means—

(a)in relation to Article 83(1) or (2), the person's ability to carry out daily living activities;

(b)in relation to Article 84(1) or (2), the person's ability to carry out mobility activities.

(3) In paragraph (1)—

(a)assessed” means assessed in accordance with regulations under Article 85;

(b)the previous 3 months” means the 3 months ending with the prescribed date;

(c)the next 9 months” means the 9 months beginning with the day after that date.

(4) Regulations under Article 85(2) may provide that in prescribed cases the question of whether a person meets “the required period condition” for the purposes of Article 83(1) or (2) or 84(1) or (2)—

(a)is not to be determined in accordance with the provision made by virtue of paragraphs (1) to (3);

(b)is to be determined in accordance with provision made in relation to those cases by the regulations.

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