http://www.legislation.gov.uk/nisr/2017/69The Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017texttext/xmlenStatute Law DatabaseSOCIAL SECURITY2018-08-03Expert Participation2018-06-15 These Regulations amend Schedule 1 to the Personal Independence Payment Regulations (Northern Ireland) 2016 (S.R. 2016 No. 217) which sets out the activities to be assessed when determining entitlement for Personal Independence Payment and the way in which a claimant's ability to carry out those activities is to be scored. 2017 No. 69Social SecurityThe Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017Made29th March 2017Laid before Parliament-30th March 2017Coming into operation20th April 2017The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by Articles 85(1) and (3)(b) and (c) and 99(1)(a) of the Welfare Reform (Northern Ireland) Order 2015 .Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015 .Citation and commencement1These Regulations may be cited as the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017 and come into operation on 20th April 2017.Amendment of the Personal Independence Payment Regulations (Northern Ireland) 201621Schedule 1 to the Personal Independence Payment Regulations (Northern Ireland) 2016 (personal independence payment assessment) is amended in accordance with paragraphs (2) to (4).2In Part 1 (interpretation)—ain the defined term “manage medication or therapy” omit “or therapy”;bin the definition of that term omit “or undertake therapy”;cafter that definition insert—“manage therapy” means undertake therapy, where a failure to do so is likely to result in a deterioration in C's health;;din the defined term “monitor health”, for “monitor health” substitute “ monitor a health condition ”; andein the definition of “therapy” at the end insert (as full-out words)—but does not include taking or applying, or otherwise receiving or administering, medication (whether orally, topically or by any other means), or any action which, in C's case, falls within the definition of “monitor a health condition”;.3In the table in Part 2 (daily living activities), in relation to activity 3 (managing therapy or monitoring a health condition), in descriptor b—afor “either” substitute “ any one or more of the following ”;bomit “or” at the end of paragraph (i);cin paragraph (ii) omit “or monitor a health condition”; anddafter paragraph (ii) add—iiisupervision, prompting or assistance to be able to monitor a health condition..4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Signed by authority of the Secretary of State for Work and Pensions.Penny Mordaunt Minister of State
Department for Work and Pensions

(This note is not part of the Regulations)

These Regulations amend Schedule 1 to the Personal Independence Payment Regulations (Northern Ireland) 2016 (S.R. 2016 No. 217) which sets out the activities to be assessed when determining entitlement for Personal Independence Payment and the way in which a claimant's ability to carry out those activities is to be scored.

Regulation 2(2) separates the definition of “manage medication or therapy” in Part 1 of the Schedule into two definitions (“manage medication” and “manage therapy”). It also amends the definition of “therapy” to make it clear that this does not include receiving or administering medication by any means, or any action which (in the case of the particular claimant being assessed) falls within the definition of “monitor a health condition”.

Regulation 2(3) amends the activity “managing therapy or monitoring a health condition” in Part 2 of the Schedule (daily living activities) to make it clear that descriptor b (need for an aid, appliance, prompting, supervision or assistance to be able to manage medication or monitor a health condition) remains the appropriate descriptor even if two or more elements in that descriptor are satisfied.

Regulation 2(4) makes clear that in the activity “planning and following journeys” in Part 3 of the Schedule (mobility activities) the effects of psychological distress are not relevant to descriptors c, d or f (planning or following the route of a journey).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

S.I. 2015/2006 (N.I. 1)Article 4(1)(a) was amended by Article 4(2)(a) of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1))S.R. 2016 No. 217Reg. 2(4) revoked (15.6.2018) by The Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/121), regs. 1, 3