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The Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016

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Application of these Regulations to certain persons becoming entitled to disability living allowance while claiming personal independence payment

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30.—(1) If paragraph (2) applies to a person then, with effect from the date of the determination referred to in paragraph (2)(c), the regulations referred to in paragraphs (3) to (6) shall apply in relation to that person in accordance with the provisions of those paragraphs.

(2) This paragraph applies to a person—

(a)whose claim for disability living allowance was refused;

(b)who claimed personal independence payment after that refusal; and

(c)who, as a result of the determination of legal proceedings initiated under the 1998 Order in relation to that refusal, becomes entitled, before the assessment determination, to disability living allowance.

(3) Regulations 13, 15, 16(2), 17(1) to (5), 20(1), (2), (4) and (6) (so far as it applies to regulation 20(4)), 23(1) (in its application to transfer claimants), 24, 25 and 26 shall apply to the person as if the person were a transfer claimant.

(4) Regulations 18 and 19 shall apply to the person as if the person were a DLA entitled person.

(5) Where a person to whom paragraph (2) applies also satisfies the condition in regulation 27(2)(a), regulation 27 shall be treated as applying to the person as if the person satisfied all the conditions in paragraph (2) of that regulation.

(6) Regulation 29 shall apply to the person as if the person were a transfer claimant if, on the day that the person’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b), there is a person (“the appointed person”)—

(a)appointed by the Department in accordance with regulation 33(1) of the 1987 Regulations (persons unable to act); or

(b)treated by virtue of paragraph (1A) of that regulation as being a person appointed by the Department in accordance with paragraph (1) of that regulation,

to exercise rights on behalf of the person entitled to disability living allowance and receive and deal with any sums payable to that person.

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