The Social Security (Personal Independence Payment) Regulations 2013

[F1 The prescribed date: claims for personal independence payment after award of Child Disability Payment E+W+S

15A.— (1) Paragraphs (2), (3) and (4) apply where—

(a) C makes a claim for personal independence payment (“the new claim”);

(b) C had a previous award of child disability payment which ended not more than 2 years before the date on which the new claim is made; and

(c) C is aged 16 years or over at the date of the new claim.

(2) In relation to determination of entitlement under the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of child disability payment; and

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to the new claim as if, for the words “the prescribed date” there were substituted “the date on which the new claim for personal independence payment is made”.

(3) Where C is awarded either or both components under the new claim, in relation to entitlement to that component or, as the case may be, those components, for the period of 3 months following the date of the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of child disability payment; and

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to that award as if, for the words “the prescribed date” there were substituted “each day of the award”.

(4) C is to be regarded as meeting such of the conditions contained in the following provisions of these Regulations (as modified by paragraphs (2) and (3) above) as are relevant to C’s new claim, regardless of whether those conditions have been met—

(a) in regulation 12 (required period condition: daily living component), paragraph (1)(a) or (2)(a);

(b) in regulation 13 (required period condition: mobility component), paragraph (1)(a) or (2)(a).]

Textual Amendments

F1 Reg. 15A inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(6)