PART 2Amendment of primary legislation: England and Wales, and Scotland

Prevention of overlapping payments: Disability Living Allowance and Personal Independence Payment

Amendment of the Social Security Contributions and Benefits Act 19922.

(1)

The Social Security Contributions and Benefits Act 19922 is amended as follows.

(2)

In section 71 (disability living allowance)3, after subsection (6) insert—

“(7)

A person shall not be entitled to a disability living allowance while they are entitled to Child Disability Payment.”.

(3)

In section 122 (interpretation of Parts I to VI and supplementary provisions)4, after the definition of “child” insert—
““Child Disability Payment” means assistance under regulation 3 of the Disability Assistance for Children and Young People (Scotland) Regulations 20215;”.