The Personal Independence Payment (Transitional Provisions) Regulations 2013

Treatment of persons in hospital or care home during transfer to personal independence payment

25.—(1) This regulation applies to a transfer claimant awarded personal independence payment if, on the day on which the claimant’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b), the claimant is a person who—

(a) fails to meet the condition in paragraph (1) of regulation 8 (hospitalisation) of the 1991 Regulations(1) but is nevertheless entitled to payment of the care component by reason of the application of regulation 10 (exemption from regulation 8 and 9) of the 1991 Regulations(2),

(b) fails to meet the condition in paragraph (1) of regulation 12A (hospitalisation in mobility component cases) of the 1991 Regulations but is nevertheless entitled to payment of the mobility component by reason of the application of regulation 12B of the 1991 Regulations (exemption from regulation 12A), or

(c) fails to meet both of the conditions referred to in subparagraphs (a) and (b) but is nevertheless entitled to payment of both components by reason of the application of regulations 10 and 12B of the 1991 Regulations,

and, on the day on which the claimant’s entitlement to personal independence payment starts in accordance with regulation 17(2), the claimant meets the condition in subsection (2) of section 86 (hospital in-patients) of the Act.

(2) This regulation also applies to a transfer claimant awarded personal independence payment if—

(a) on the day on which the claimant’s entitlement to disability living allowance terminates in accordance with regulation 13(1) or 17(1)(b), the claimant is a person—

(i) to whom the care component of disability living allowance is not payable under paragraph (1) of regulation 9 (persons in care homes) of the 1991 Regulations(3), but

(ii) who is nevertheless entitled to payment of that component by reason of the application of regulation 10 of the 1991 Regulations, and

(b) on the day on which the claimant’s entitlement to personal independence payment starts in accordance with regulation 17(2), the claimant meets the condition in subsection (2) of section 85 (care home residents) of the Act.

(3) Where this regulation applies to a transfer claimant—

(a) the day on which the claimant’s entitlement to personal independence payment starts in accordance with regulation 17(2) shall be treated as being the first day of the period referred to in paragraph (1) of regulation 30 (payability exceptions: care homes and hospitals) of the PIP Regulations, and

(b) paragraph (2) of regulation 30 of the PIP Regulations shall not apply to the claimant in respect of either that day or any consecutive period of days starting with that day during which the claimant meets the condition in section 85(2) of the Act (care home residents: costs of qualifying services borne out of public or local funds) or section 86(2) of the Act (in-patient treatment: costs of treatment, accommodation and related services borne out of public funds).

(1)

S.I. 1991/2890. Paragraph (1) of regulation 8 was substituted by the Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (S.I. 1992/2869), regulation 4(2). Paragraph (1)(a) was amended by the Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations 2013 389, regulation 4(6).

(2)

Regulation 10(1) was amended by the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), regulation 7(2)(a).

(3)

Regulation 9 in its entirety was substituted by the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2007 (S.I. 2007/2875), regulation 3(1) and (2).