Part 4Personal independence payment

General

90Abolition of disability living allowance

Sections 71 to 76 of the Social Security Contributions and Benefits Act 1992 (disability living allowance) are repealed.

91Amendments

Schedule 9 contains amendments relating to this Part.

92Power to make supplementary and consequential provision

1

Regulations may make such consequential, supplementary or incidental provision in relation to any provision of this Part as the Secretary of State considers appropriate.

2

Regulations under this section may—

a

amend, repeal or revoke any primary or secondary legislation passed or made before the day on which this Act is passed, or

b

amend or repeal any provision of an Act passed on or after that day but in the same session of Parliament.

3

In this section—

a

“primary legislation” means an Act or Act of the Scottish Parliament;

b

“secondary legislation” means any instrument made under primary legislation.

93Transitional

1

Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the coming into force of any provision of this Part.

2

Schedule 10 (transitional provision for introduction of personal independence payment) has effect.

94Regulations

1

Regulations under this Part are to be made by the Secretary of State.

2

A power to make regulations under this Part may be exercised—

a

so as to make different provision for different cases or purposes;

b

in relation to all or only some of the cases or purposes for which it may be exercised.

3

Such a power includes—

a

power to make incidental, supplementary, consequential or transitional provision or savings;

b

power to provide for a person to exercise a discretion in dealing with any matter.

4

The power under subsection (2)(a) includes, in particular, power to make different provision for persons of different ages.

5

Regulations under this Part are to be made by statutory instrument.

6

A statutory instrument containing (whether alone or with other provision) any of the following—

a

the first regulations under section 78(4) or 79(4);

b

the first regulations under section 80;

c

the first regulations under that section containing provision about assessment of persons under the age of 16,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

7

Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

95Interpretation of Part 4

In this Part—

  • “daily living activities” has the meaning given by section 78(4);

  • “daily living component” means the daily living component of personal independence payment;

  • “mobility activities” has the meaning given by section 79(4);

  • “mobility component” means the mobility component of personal independence payment;

  • “prescribed” means prescribed by regulations.