The Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Personal Independence Payment (Transitional Provisions) Regulations 2013 which transfer disability living allowance entitled persons to personal independence payment (“DLA transfer claimants”) by providing an exemption to personal independence payment (“PIP”) age restriction in section 83(1) of the Welfare Reform Act 2012 in cases where transfer claimants’ PIP awards are revised or superseded for a change of circumstances.

Regulation 2 inserts a new provision, regulation 27A, into the Transitional Regulations to correct an unintended gap in the legislation. Regulation 27A provides former DLA transfer claimants, who are now in receipt of PIP and who transferred to PIP when aged 65 or older, an exemption from the restriction in section 83(1) of the Welfare Reform Act 2012 where their PIP award is revised or superseded. It also provides that when that PIP award is superseded it will be subject to the limitations on the mobility component for those aged 65 or over provided at regulation 27(2) and (3) of the Social Security (Personal Independence Payment) Regulations 2013.

Regulation 2 also applies these provisions to those in receipt of concessionary payments made in lieu of an award of the daily living component, mobility component or both components of PIP.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.