2. In regulation 17 of the Personal Independence Payment (Transitional Provisions) Regulations 2013(1) (procedure following and consequences of determination of claim for personal independence payment)—
(a)for paragraph (1)(b) substitute—
“(b)except where paragraph (2) of regulation 13 applies to the claimant, the claimant’s entitlement to disability living allowance shall terminate—
(i)where paragraph (1B) applies, on the earlier of—
(aa)the last day of the payment period during which the assessment determination is made, or
(bb)the first Tuesday after the making of the assessment determination;
(ii)in any other case, on the last day of the period of 28 days starting with the first pay day after the making of the assessment determination.”;
(b)after paragraph (1) insert—
“(1A) In paragraph (1), “payment period” means a period in respect of which disability living allowance is paid to the claimant in accordance with regulation 22 of the 1987 Regulations.
(1B) This paragraph applies if—
(a)the transfer claimant is terminally ill for the purposes of section 82 of the Act,
(b)the outcome of an assessment determination in respect of that claimant is an award of personal independence payment, and
(c)the total weekly rate of personal independence payment payable by virtue of that award is greater than the total weekly rate of disability living allowance payable by virtue of that claimant’s existing award of disability living allowance.”;
(c)in paragraph (2)—
(i)for sub-paragraph (a) substitute—
“(a)the day on which the claimant’s entitlement to disability living allowance terminates in accordance with paragraph (1)(b) of this regulation,”;
(ii)in sub-paragraph (b), delete “immediately after that”.