Explanatory Notes

Welfare Reform Act 2012

2012 CHAPTER 5

8 March 2012

Commentary on Sections

Part 4: Personal independence payment

Section 83: Persons of pensionable age

390.Section 83 concerns entitlement to the daily living or mobility components for persons of pensionable age. Subsection (1) provides that a person is not entitled to either the daily living component or the mobility component after they reach the relevant age. Subsection (2) defines the relevant age as the age of 65 or pensionable age (as defined in paragraph 1 of Schedule 4 to the Pensions Act 1995), whichever is higher.

391.Subsection (3) provides that regulations may specify exceptions to this. For example, regulations may provide that if a person is in receipt of personal independence payment before reaching the relevant age, they may continue to receive this benefit.