PART 3 N.I.WELFARE SUPPLEMENTARY PAYMENT WHERE PERSONAL INDEPENDENCE PAYMENT IS AWARDED AT LOWER RATE THAN DISABILITY LIVING ALLOWANCE

Eligibility (following termination of welfare supplementary payment under Part 2)N.I.

9.—(1) A person is entitled to welfare supplementary payment under this Part if the person meets—

(a)the Part 2 welfare supplementary payment termination condition, and

(b)the lower personal independence payment threshold on appeal, revision or supersession condition.

(2) The Part 2 welfare supplementary payment termination condition is that a person's entitlement to welfare supplementary payment under Part 2 terminates—

(a)following an appeal, in accordance with regulation 6(3)(a) or 6(6)(a), or

(b)following a revision or supersession, in accordance with regulation 7.

(3) The lower personal independence payment threshold on appeal, revision or supersession condition is that—

(a)on the appeal, revision or supersession, an award of personal independence payment is made to the person,

(b)the award of personal independence payment is less than the award of disability living allowance payable to the person on the transition date, and

(c)the difference between these two awards is at least £10 per week.