The Personal Independence Payment Regulations (Northern Ireland) 2016

Claim for personal independence payment after an interval and after reaching the relevant age

This section has no associated Explanatory Memorandum

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

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

(a)Article 88(1) does not apply;

(b)the reference to “2 years” in regulation 15(1)(b) is to be read as “one year”;

(c)where C is assessed as having severely limited ability to carry out mobility activities for the purposes of the new claim—

(i)C is entitled to the enhanced rate of the mobility component only if C was entitled to that rate of that component under the previous award, and

(ii)where C is not entitled to the enhanced rate of that component because of head (i), C is entitled to the standard rate of that component provided that C was entitled to that rate of that component under the previous award; and

(d)where C is assessed as having limited ability to carry out mobility activities for the purposes of the new claim, C is entitled to the standard rate of the mobility component only if C was entitled to that component, at either rate, under the previous award.