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The Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016

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PART 4Welfare Supplementary Payment for loss of Disability-Related Premium on transition from Disability Living Allowance to Personal Independence Payment (Employment and Support Allowance claimants)

Eligibility

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

(a)the ESA entitlement condition,

(b)the disability-related premium entitlement condition,

(c)the PIP refusal condition, and

(d)the termination of disability-related premium condition.

(2) The ESA entitlement condition is that the person is in receipt of employment and support allowance under the Welfare Reform Act (Northern Ireland) 2007(1) on the transition date.

(3) The disability-related premium entitlement condition is that the person is in receipt of disability-related premium on the transition date.

(4) In this Part disability-related premium means—

(a)severe disability premium under paragraph 6,

(b)enhanced disability premium under paragraph 7,

of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008(2).

(5) The PIP refusal condition is that following a transitional assessment determination, the person is refused personal independence payment, or the component of personal independence payment, that is a condition for entitlement to disability-related premium.

(6) The termination of disability-related premium condition is that, in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.

Eligibility (couples: enhanced disability premium)

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

(a)A is a member of a couple with another person (B),

(b)A meets the ESA entitlement condition,

(c)A meets the disability-related premium entitlement condition in respect of enhanced disability premium,

(d)A or B meet the PIP refusal condition, and

(e)A meets the termination of disability-related premium condition.

(2) The ESA entitlement condition is that the person is in receipt of employment and support allowance under the Welfare Reform Act (Northern Ireland) 2007 on the transition date.

(3) The disability-related premium entitlement condition in respect of enhanced disability premium is that the person is in receipt of enhanced disability premium under paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 on the transition date.

(4) The PIP refusal condition is that following a transitional assessment determination, the person is refused personal independence payment, or the component of personal independence payment, that is a condition for entitlement to disability-related premium.

(5) The termination of disability-related premium condition is that, in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.

Eligibility (couples: severe disability premium)

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

(a)A is a member of a couple with another person (B),

(b)A meets the ESA entitlement condition,

(c)A meets the disability-related premium entitlement condition in respect of severe disability premium,

(d)A or B meet the PIP refusal condition (but this is subject to paragraph (6)), and

(e)A meets the termination of disability-related premium condition.

(2) The ESA entitlement condition is that the person is in receipt of employment and support allowance under the Welfare Reform Act (Northern Ireland) 2007 on the transition date.

(3) The disability-related premium entitlement condition in respect of severe disability premium is that the person is in receipt of severe disability premium under paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 on the transition date.

(4) The PIP refusal condition is that following a transitional assessment determination, the person is refused personal independence payment, or the component of personal independence payment, that is a condition for entitlement to disability-related premium.

(5) The termination of disability-related premium condition is that, in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.

(6) Paragraph (8) applies where—

(a)A does not meet the PIP refusal condition,

(b)B meets the PIP refusal condition, and

(c)B meets the blind condition on the transition date.

(7) The blind condition is that the person is certified as severely sight impaired or blind by a consultant ophthalmologist.

(8) Where this paragraph applies, the termination of disability-related premium condition is met if, in consequence of the matters set out in paragraph (6), the decision of the Department to award severe disability premium at a higher rate is superseded by a decision of the Department to award severe disability premium at a lower rate.

Amount

23.—(1) The amount of welfare supplementary payment payable is equal to the disability-related premium which was payable to the person on the date entitlement to the premium is lost.

(2) Where regulation 22(8) applies, the amount of welfare supplementary payment payable is equal to the difference between the severe disability premium payable at the higher rate and the severe disability premium payable at the lower rate.

Period of payment

24.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person’s entitlement to disability-related premium terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)on 31st March 2020,

whichever is first to occur.

Effect of loss of employment and support allowance

25.—(1) Welfare supplementary payment must cease to be paid from the end of the week in which the conditions for payment of employment and support allowance under the Welfare Reform Act (Northern Ireland) 2007 cease to be met in relation to the person.

(2) But this is subject to the provisions in Part 7 on temporary cessation of underlying benefits.

Termination of payment on award of disability-related premium

26.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to disability-related premium.

(2) The entitlement to disability-related premium must arise out of—

(a)a new award of disability-related premium,

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order, or

(d)an appeal under Article 13 of the 1998 Order.

(2)

S.R. 2008 No. 280; paragraph 6 was amended by regulation 11(3) of S.R. 2011 No. 291 and regulation 21(14) of S.R. 2011 No. 357

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