PART 7 N.I.Miscellaneous

Termination of welfare supplementary payment on determination of appeal against refusal of personal independence paymentN.I.

39.—(1) This regulation applies where a person appeals (within the meaning of Article 13 of the 1998 Order M1) against the refusal of personal independence payment referred to in Parts 2, 3, 4, 5 or 6.

(2) Welfare supplementary payment under those Parts must cease to be paid from the day after the first payment of welfare supplementary payment following the date on which the decision notice of the appeal tribunal is received by the Department.

(3) Where a person is granted leave to make an appeal from a decision of the appeal tribunal to refuse personal independence payment to the Commissioner, further welfare supplementary payment under those Parts is payable as set out in paragraphs (4) and (5).

(4) The period during which further welfare supplementary payment is payable commences on the day following the day that leave to appeal to the Commissioner is granted.

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

(a)after the first payment following the date on which the decision of the Commissioner is received by the Department, or

(b)on 31st March 2020,

whichever is first to occur.

Marginal Citations

M1Article 13 was amended by paragraph 19 of Schedule 6 and Schedule 9 to S.I. 1999/671 and Article 4(2) of S.I. 2014/886