SCHEDULES

SCHEDULE 10Personal independence payment: transitional

Article 98

General1

1

Regulations under Article 98 may in particular make provision for the purposes of, or in connection with, replacing disability living allowance with personal independence payment.

2

In this Schedule “the appointed day” means the day appointed for the coming into operation of Article 82.

Claims before the appointed day2

1

The provision referred to in paragraph 1(1) includes—

a

provision for a claim for personal independence payment to be made before the appointed day for a period beginning on or after that day;

b

provision for a claim for personal independence payment made before the appointed day to be treated to any extent as a claim for disability living allowance;

c

provision for a claim for disability living allowance made before the appointed day to be treated to any extent as a claim for personal independence payment.

2

The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).

Claims on or after the appointed day3

1

The provision referred to in paragraph 1(1) includes—

a

provision permanently or temporarily excluding the making of a claim for personal independence payment on or after the appointed day by—

i

a person to whom disability living allowance is awarded, or

ii

a person who would be entitled to an award of disability living allowance on making a claim for it;

b

provision temporarily excluding the making of a claim for personal independence payment on or after the appointed day by any other person;

c

provision excluding entitlement to personal independence payment temporarily or for a particular period;

d

provision for a claim for personal independence payment made on or after the appointed day to be treated to any extent as a claim for disability living allowance;

e

provision for a claim for disability living allowance made on or after the appointed day to be treated to any extent as a claim for personal independence payment.

2

The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) on or after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).

Awards of existing allowance4

1

The provision referred to in paragraph 1(1) includes—

a

provision for terminating an award of disability living allowance;

b

provision for making an award of personal independence payment, with or without application, to a person whose award of disability living allowance is terminated.

2

The provision referred to in sub-paragraph (1)(b) includes—

a

provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;

b

provision as to the consequences of failure to comply with any such requirement;

c

provision as to the terms on which, and conditions subject to which, such an award is made, including—

i

provision temporarily or permanently disapplying, or otherwise modifying, conditions of entitlement to personal independence payment in relation to the award;

ii

provision temporarily or permanently disapplying, or otherwise modifying, any requirement under this Part for a person to be assessed in respect of any of the questions mentioned in Article 85(1) or (2);

d

provision as to the amount of such an award.

Supplementary5

Regulations under Article 98—

a

may secure the result that any gap in entitlement to disability living allowance is to be disregarded for the purposes of provision under the regulations;

b

may make provision about cases in which provision made by regulations under Article 85(2) (required period condition) is to apply with modifications;

c

may, for the purposes of provision made by virtue of sub-paragraph (b), provide for a period of entitlement to disability living allowance to be taken into account in determining whether a person meets “the required period condition” for the purposes of Article 83(1) or (2) or 84(1) or (2).