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The Social Security (Personal Independence Payment) Regulations 2013

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Social Security (Personal Independence Payment) Regulations 2013 No. 377

PART 1General

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Personal Independence Payment) Regulations 2013.

(2) These Regulations come into force in relation to a particular case on the day on which Part 4 of the Act comes into force in relation to that case.

Interpretation

2.  In these Regulations —

“the 1998 Act” means the Social Security Act 1998(1);

“the Act” means the Welfare Reform Act 2012;

“aid or appliance”-

(a)

means any device which improves, provides or replaces C’s impaired physical or mental function; and

(b)

includes a prosthesis;

“assessment” means the assessment referred to in regulation 4;

“C” means a person who has made a claim for or, as the case may be, is entitled to personal independence payment;

“component” means the daily living component or, as the case may be, the mobility component of personal independence payment;

“descriptor” means a descriptor in column 2 of the tables in Parts 2 and 3 of Schedule 1;

“disability living allowance” means disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992(2);

“medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or other regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly;

“prescribed date” means the date prescribed(3) by regulation 14 or 15;

“previous award” means an award of either or both components to which C has ceased to be entitled;

“revised” means revised under section 9 of the 1998 Act, and “revision” is to be construed accordingly;

“superseded” means superseded under section 10 of the 1998 Act(4), and “supersession” is to be construed accordingly; and

terms defined for the purposes of a provision of Part 4 of the Act have the same meaning in these Regulations.

(2)

1992 c.4. Section 71 was amended by the Welfare Reform and Pensions Act 1999 (c.30), section 67(1).

(3)

‘Prescribed’ means prescribed by regulations. See section 95 of the Act.

(4)

Section 10 was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), Schedule 7, paragraph 23(a) and (b) and Schedule 10, and the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), Schedule 3, paragraph 148.

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