SCHEDULES
SCHEDULE 10Personal independence payment: transitional
General
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1
Regulations under section 93 may in particular make provision for the purposes of, or in connection with, replacing disability living allowance with personal independence payment.
2
In this Schedule “the appointed day” means the day appointed for the coming into force of section 77.
Claims before the appointed day
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1
The provision referred to in paragraph 1(1) includes—
a
provision for a claim for personal independence payment to be made before the appointed day for a period beginning on or after that day;
b
provision for a claim for personal independence payment made before the appointed day to be treated to any extent as a claim for disability living allowance;
c
provision for a claim for disability living allowance made before the appointed day to be treated to any extent as a claim for personal independence payment.
2
The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).
Claims after the appointed day
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1
The provision referred to in paragraph 1(1) includes—
a
provision permanently or temporarily excluding the making of a claim for personal independence payment after the appointed day by—
i
a person to whom disability living allowance is awarded, or
ii
a person who would be entitled to an award of disability living allowance on making a claim for it;
b
provision temporarily excluding the making of a claim for personal independence payment after the appointed day by any other person;
c
provision excluding entitlement to personal independence payment temporarily or for a particular period;
d
provision for a claim for personal independence payment made after the appointed day to be treated to any extent as a claim for disability living allowance;
e
provision for a claim for disability living allowance made after the appointed day to be treated to any extent as a claim for personal independence payment.
2
The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).
Awards
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1
The provision referred to in paragraph 1(1) includes—
a
provision for terminating an award of disability living allowance;
b
provision for making an award of personal independence payment, with or without application, to a person whose award of disability living allowance is terminated.
2
The provision referred to in sub-paragraph (1)(b) includes—
a
provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;
b
provision as to the consequences of failure to comply with any such requirement;
c
provision as to the terms on which, and conditions subject to which, such an award is made, including—
i
provision temporarily or permanently disapplying, or otherwise modifying, conditions of entitlement to personal independence payment in relation to the award;
ii
provision temporarily or permanently disapplying, or otherwise modifying, any requirement under this Part for a person to be assessed in respect of any of the questions mentioned in section 80(1) or (2);
d
provision as to the amount of such an award.
Supplementary
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Regulations under section 93—
a
may secure the result that any gap in entitlement to disability living allowance is to be disregarded for the purposes of provision under the regulations;
b
may make provision about cases in which provision made by regulations under section 80(2) (required period condition) is to apply with modifications;
c
may, for the purposes of provision made by virtue of paragraph (b), provide for a period of entitlement to disability living allowance to be taken into account in determining whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2).