The Welfare Reform (Northern Ireland) Order 2015

Terminal illness N.I.

87.—(1) This Article applies to a person who—

(a) is terminally ill; and

(b) has made a claim for personal independence payment expressly on the ground of terminal illness.

(2) A person to whom this Article applies is entitled to the daily living component at the enhanced rate (and accordingly Article 83(1) and (2) does not apply to such a person).

(3) Article 84(1)(c) and (2)(c) (required period condition for mobility component) does not apply to a person to whom this Article applies.

(4) For the purposes of this Article a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person's death in consequence of that disease can reasonably be expected within [F1 12] months.

(5) For the purposes of this Article, where—

(a) a person purports to make a claim for personal independence payment on behalf of another, and

(b) the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,

that person is to be regarded as making the claim despite its being made without that person's knowledge or authority.

(6) In paragraph (2) “the enhanced rate” has the meaning given by Article 83(3).

Textual Amendments

F1 Word in art. 87(4) substituted (4.4.2022) by Social Security (Terminal Illness) Act (Northern Ireland) 2022 (c.7), s. 1(2)(b); SR 2022/171, art. 2

Commencement Information

I1 Art. 87 in operation at 20.6.2016 by S.R. 2016/215, art. 3(2)