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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in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.

(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