40.—(1) Welfare supplementary payment must cease to be paid to a person if there is a change in the entitlement to personal independence payment of—
(a)the person, or
(b)(subject to paragraph (2)), where the person is a member of a couple, the other member of that couple.
(2) Paragraph (1)(b) does not apply if the other member of the couple was not entitled to personal independence payment on the [F1[F2first day of the year] given by regulation 8(2), 17(2), 24(2), 30(2) or 36(2)] .
(3) Payment must cease from the day after the first payment of welfare supplementary payment following that change.
[F3(3A) Where that change occurs in the administrative period, this regulation has effect—
(a)as if in paragraph (1) for “must cease to be paid to a person if” there were substituted “must not be paid to a person for times after the day on which”, and
(b)as if paragraph (3) were omitted.]
(4) In this regulation, a change in entitlement to personal independence payment includes—
(a)personal independence payment being awarded where it was not previously awarded, and
(b)a change in the award of personal independence payment.
Textual Amendments
F1Words in reg. 40(2) substituted (1.2.2022) by The Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 (S.R. 2022/25), regs. 1(2), 8(8)(a)
F2Words in reg. 40(2) substituted (1.3.2023) by The Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 (S.R. 2022/25), regs. 1(3), 9(4)