The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on the 29th June 2016, amend the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) (“the DLA Regulations”), the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377) (“the PIP Regulations”) and the Personal Independence Payment (Transitional Provisions) Regulations 2013 (S.I. 2013/387) (“the PIP Transitional Regulations”).

Regulations 8 and 12A of the DLA Regulations make it a requirement, for receipt of disability living allowance care component and mobility component respectively, that the person in respect of whom it is paid is not maintained free of charge while undergoing medical or other treatment as an in-patient in a National Health Service or Defence Council hospital or other similar institution. There is an equivalent provision in regulation 29 of the PIP Regulations.

The provisions in the DLA Regulations, which were the subject of the Supreme Court’s judgment in Cameron Mathieson v Secretary of State for Work and Pensions [2015] UKSC 47 (8th July 2015), are amended by regulation 2(2) and (4) of these Regulations. The equivalent provision in the PIP Regulations is amended by regulation 3 of these Regulations. The effect is that these provisions will no longer apply to any person who was under the age of 18 on the day on which they entered the hospital or other similar institution to begin their current period as an in-patient.

Regulation 2(3) and (5) of these Regulations make consequential amendments to regulations 10 and 12B of the DLA Regulations, in particular to remove the current exemptions for persons under the age of 16. The current exemptions are more limited than those provided by these Regulations, as they apply only for the first 84 days in hospital, and do not apply if the person was in hospital on the first day of entitlement. No equivalent consequential amendments are required to the PIP Regulations because they do not apply to persons under the age of 16.

Regulation 4 of these Regulations amends the PIP Transitional Regulations. Paragraph (2) inserts a new definition of “exempt person”, covering a person who benefits from these Regulations. Paragraph (3) ensures that an exempt person must not be invited to apply for a personal independence payment until they cease to be an exempt person. Paragraph (4) ensures that their award of a disability living allowance may, instead, be extended if the award of either component is for a fixed term.

An impact assessment has not been published for this instrument as it has no impact on business or civil society organisations.