The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations (Northern Ireland) 2016

Citation and commencement

1.  These Regulations may be cited as the Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations (Northern Ireland) 2016 and come into operation on 6th July 2016.

Amendment of the Social Security (Disability Living Allowance) Regulations

2.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 8(2) (hospitalisation)—

(a) for the heading, substitute “Hospitalisation of persons aged 18 or over”;

(b) in paragraph (1) after “Subject to” insert “paragraph (4) and”; and

(c) at the end add—

“(4) This regulation does not apply to a person who was under the age of 18 on the day on which he entered the hospital or other similar institution referred to in paragraph (1) to begin his current period as an in-patient.”.

(3) In regulation 10(3) (exemption from regulations 8 and 9)—

(a) in paragraph (1) for “paragraphs (2)” substitute “paragraphs (3)”;

(b) omit paragraph (2);

(c) in paragraph (3) omit “or, as the case may be, paragraph (2)”; and

(d) in paragraph (5) for “paragraphs (1) and (2)” substitute “paragraph (1)”.

(4) In regulation 12A(4) (hospitalisation in mobility component cases)—

(a) in the title after “Hospitalisation” insert “of persons aged 18 or over”;

(b) in paragraph (1) after “Subject to” insert “paragraph (4) and”; and

(c) after paragraph (3) add—

“(4) This regulation does not apply to a person who was under the age of 18 on the day on which he entered the hospital or other similar institution referred to in paragraph (1) to begin his current period as an in-patient.”.

(5) In regulation 12B(5) (exemption from regulation 12A)—

(a) omit paragraph (1)(b) and the word “or” preceding it; and

(b) in paragraph (7), omit “or, as the case may be, paragraph (1)(b),”.

Amendment of the Personal Independence Payment Regulations

3.  In regulation 29 of the Personal Independence Payment Regulations (Northern Ireland) 2016(6) (hospital in-patients)—

(a) for the heading, substitute “Hospital in-patients aged 18 or over”;

(b) in paragraph (1) after “Subject to” insert “paragraph (3) and”; and

(c) after paragraph (2) add—

“(3) This regulation does not apply if C was under the age of 18 on the day on which C entered the hospital or similar institution referred to in Article 91(2) to begin C’s current period as an in-patient.”.

Amendment of the Personal Independence Payment (Transitional Provisions) Regulations

4.—(1) The Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016(7) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) after the definition of “electronic communication” insert—

““exempt person” means a DLA entitled person in respect of whom, by virtue of regulation 8(4) or 12A(4) of the Disability Living Allowance Regulations (person under the age of 18 on the day of entry into hospital), a disability living allowance is payable even though that person is maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or other similar institution;”.

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

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

(b) after paragraph (4) insert—

“(4A) If the DLA entitled person referred to in paragraph (3) is an exempt person, the Department must not send the notification required by paragraph (3) until the DLA entitled person ceases to be an exempt person.”;

(c) in paragraph (5) at the beginning insert “Subject to paragraph (5A),”; and

(d) after paragraph (5) insert—

“(5A) If the DLA entitled person referred to in paragraph (5) is an exempt person, the Department must not send the notification required by paragraph (5) until the DLA entitled person ceases to be an exempt person.”.

(4) In regulation 19(1)(b) (general power to extend fixed term period awards of disability living allowance) after “expire” insert “while the DLA entitled person is an exempt person to whom a notification cannot be sent by virtue of regulation 3(4A) or (5A), or”.

Signed by authority of the Secretary of State for Work and Pensions.

Justin Tomlinson

Parliamentary Under Secretary of State,

Department for Work and Pensions

27th May 2016