The Social Security (Personal Independence Payment) Amendment (Scotland) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013 (“the PIP Regulations”).

Under section 83(1) of the Welfare Reform Act 2012 (“the Act”) a person is not entitled to the daily living or mobility component of Personal Independence Payment for any period after they reach the relevant age (defined in section 83(2) of the Act as pensionable age or, if higher, 65) (“the age restriction”). Regulation 27(1) of the PIP Regulations provides that the age restriction does not apply where the person has reached the relevant age, is entitled to an award of either or both components pursuant to an exception in regulation 25 or 26 of the PIP Regulations, and that award falls to be revised or superseded. Regulation 27(2) of the PIP Regulations modifies regulation 27(1) such that entitlement to the mobility component is restricted, as set out in regulation 27(3), where the original award is superseded for a change of circumstance which occurred after the person reached the relevant age.

Regulation 3 of these Regulations amends regulation 27(2) of the PIP Regulations so that the regulation 27(3) restriction applies not only where the original award is superseded for a change of circumstances that occurred after the person reached the relevant age, but also where it is superseded as a result of receipt of medical evidence from a healthcare professional or other person approved by the Scottish Ministers where the application for supersession (or Scottish Ministers’ action initiating a supersession) began after the person reached the relevant age.

No business and regulatory impact assessment has been prepared for these Regulations as no impact on business, charities or voluntary bodies is foreseen.