The Personal Independence Payment (Transitional Provisions) Regulations 2013

Made: 25th February 2013

Laid before Parliament: 4th March 2013

Coming into force: 8th April 2013

The Secretary of State, in exercise of the powers conferred by section 93 and 94 of, and Schedule 10 to, the Welfare Reform Act 2012 , makes the following regulations.

These Regulations are made under the provisions of that Act and are made before the end of a period of 6 months beginning with the coming into force of those provisions of that Act .

Citation, commencement and interpretation

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These Regulations may be cited as the Personal Independence Payment (Transitional Provisions) Regulations 2013 and come into force on 8th April 2013.

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• (1) In these Regulations—

• “the Act” means the Welfare Reform Act 2012;

• “the 1987 Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;

• “the 1991 Regulations” means the Social Security (Disability Living Allowance) Regulations 1991 ;

• “the 1992 Act” means the Social Security Contributions and Benefits Act 1992 ;

• “the 1998 Act” means the Social Security Act 1998 ;

• “the 1999 Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;

• “the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 ;

• “the PIP Regulations” means the Social Security (Personal Independence Payment) Regulations 2013 ;

• “the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 ;

• “appropriate office” has the meaning given by regulation 2 (interpretation) of the Claims and Payments Regulations;

• “assessment determination” means the determination, under regulation 4 (assessment of ability to carry out activities) of the PIP Regulations, of a claim for personal independence payment made by a transfer claimant;

• “change of circumstances” means a change of circumstances which a person might reasonably have been expected to know might affect the continuance of that person's entitlement to disability living allowance (by ending entitlement to one component or both components or resulting in entitlement to one or both components being at a different rate);

• “component”, in relation to disability living allowance, means one of the components of disability living allowance referred to in section 71 (disability living allowance) of the 1992 Act;

• “disability living allowance” means the benefit known by that name that is provided for in sections 71 to 76 of the 1992 Act;

• “DLA entitled person” means a person aged 16 or over who is entitled to either component or both components of disability living allowance;

• “electronic communication” has the meaning given by subsection (1) of section 15 (general interpretation) of the Electronic Communications Act 2000 ;

• “exempt person” means a DLA entitled person in respect of whom, by virtue of regulation 8(2B) or 12A(3) of the 1991 Regulations (person under the age of 18 on the day of entry into hospital), a disability living allowance is payable even though they are maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or other similar institution;

• “notified person” means a DLA entitled person who has been sent a notification by the Secretary of State under regulation 3(1);

• “pay day”, in relation to disability living allowance, means—in the case of a payment of disability living allowance in respect of a period to which paragraph (2) of regulation 25 of the 1987 Regulations applies, the day on which the payment is made in accordance with paragraph (1) of that regulation ;in the case of any other payment of disability living allowance, the day on which the allowance is payable in accordance with paragraph 1 of Schedule 6 (days for payment of long term benefits) to the 1987 Regulations.

• “relevant date” means the date, specified by the Secretary of State in relation to any category of DLA entitled person, from which the Secretary of State is satisfied that satisfactory arrangements will be in place to assess the entitlement of persons in that category to personal independence payment;

• “transfer claimant” means a person who is either—a notified person who has claimed personal independence payment in response to a notification sent by the Secretary of State under regulation 3(1), ora voluntary transfer claimant;

• “voluntary transfer claimant” means a DLA entitled person who has claimed personal independence payment under regulation 4.

• (2) For the purpose of these Regulations, except regulations 8, 12 and 16—

• (a) a claim for personal independence payment is made—

• (i) in the case of a claim made in writing other than by means of an electronic communication, on the day on which a form, authorised by the Secretary of State for the purpose, containing all the information requested in the form is delivered to or received at the appropriate office,

• (ii) in the case of a claim made in writing by means of an electronic communication made in accordance with the provisions set out in Part 1 of Schedule 2 (use of electronic communications) to the Claims and Payments Regulations, on the day on which an electronic communication containing all the information requested by the Secretary of State in the form referred to in paragraph (i), or completing that information, is received at the appropriate office, and

• (iii) in the case of a claim made by telephone, on the day on which a telephone call takes place during which all the information requested by the Secretary of State in the form referred to in paragraph (i) is supplied or which results in all that information having been supplied; and

• (b) references to the making of a claim do not include the making of a defective claim.

• (3) The Claims and Payments Regulations, the PIP Regulations and the Decisions and Appeals Regulations apply to the claims for personal independence payment referred to in these Regulations except where—

• (a) these Regulations provide otherwise, or

• (b) the application of those Regulations would be inconsistent with the application of these Regulations.

• (4) As soon as practicable after specifying a relevant date in relation to any category of DLA entitled person, the Secretary of State must publish, in such manner as the Secretary of State considers appropriate, information sufficient to enable any DLA entitled person to ascertain the relevant date, if any, which applies in their case.

Invitations to persons entitled to disability living allowance to claim personal independence payment

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• (1) At any time after 27th October 2013, the Secretary of State may by written notification invite a DLA entitled person to make a claim for personal independence payment.

• (2) The Secretary of State must not send a notification under paragraph (1) to any person who, on 8th April 2013, was 65 or over.

• (3) Subject to paragraphs (3ZA), (3A), (4) and (4A), the Secretary of State must send a notification under paragraph (1) to a DLA entitled person who reaches 16 after 27th October 2013 as soon as reasonably practicable after the person reaches that age.

• (3ZA) The Scottish Ministers must not send a notification under paragraph (1) to a DLA entitled person who—

• (a) reaches the age of 16 on or after 1 September 2020, and

• (b) is resident in Scotland,

until the person reaches the age of 18, after which the Scottish Ministers must send a notification under paragraph (1) to that person as soon as reasonably practicable.

• (3A) Paragraph (3) does not apply unless—

• (a) the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and

• (b) that person reaches 16 on or after that relevant date.

• (4) Paragraphs (3) and (3ZA) do not apply to a DLA entitled person whose entitlement, on the day that the person reaches 16, is on the basis that the person is terminally ill within the meaning given by subsection (2) of section 66 (attendance allowance for the terminally ill) of the 1992 Act.

• (4A) If the DLA entitled person referred to in paragraphs (3) or (3ZA) is an exempt person, the Secretary of State must not send the notification required by paragraph (3) paragraphs (3) or (3ZA) until the DLA entitled person ceases to be an exempt person.

• (5) Subject to paragraphs (5A) and (5B), where, after 27th October 2013, a DLA entitled person who has neither—

• (a) been sent a notification under paragraph (1), nor

• (b) made a claim for personal independence payment under regulation 4,

notifies the Secretary of State of a change of circumstances other than a change to which paragraph (6) applies, the Secretary of State must, as soon as reasonably practicable, send the person a notification under paragraph (1).

• (5A) Paragraph (5) does not apply unless—

• (a) the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and

• (b) that person notifies the Secretary of State of the change of circumstances on or after that relevant date.

• (5B) If the DLA entitled person referred to in paragraph (5) is an exempt person, the Secretary of State must not send the notification required by paragraph (5) until the DLA entitled person ceases to be an exempt person.

• (6) This paragraph applies to a change of circumstances where the change notified is that the DLA entitled person is to become or has become absent, whether temporarily or permanently, from Great Britain.

Claims by persons entitled to disability living allowance for personal independence payment other than by invitation

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A DLA entitled person who has not been sent a notification under regulation 3(1) may not make a claim for personal independence payment unless—

• (a) they were aged under 65 on 8th April 2013,

• (b) the Secretary of State has specified a relevant date which applies in their case, and

• (c) they make the claim on or after that relevant date.

Persons under 16 not entitled to claim personal independence payment

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• (1) No claim for personal independence payment may be made by a person who has not reached 16.

• (2) Paragraph (1) applies whether or not a person is entitled to disability living allowance.

Persons in the course of claiming disability living allowance not entitled to claim personal independence payment

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• (1) This regulation applies to a person who is not entitled to disability living allowance if—

• (a) the person claimed disability living allowance before 28th October 2013, and

• (b) that claim remains under consideration on that date.

• (2) A person to whom this regulation applies may not claim personal independence payment while the person's claim for disability living allowance remains under consideration.

• (3) For the purpose of this regulation a person's claim for disability living allowance remains under consideration only if it has not—

• (a) been decided by the Secretary of State under section 8 (decisions by the Secretary of State) of the Social Security Act 1998 ,

• (b) been withdrawn in accordance with paragraph (2) of regulation 5 (amendment and withdrawal of claim) of the 1987 Regulations, or

• (c) otherwise ceased to be under consideration before being decided by the Secretary of State as mentioned in subparagraph (a).

Form of notification inviting a person to claim personal independence payment

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A notification to a DLA entitled person under regulation 3(1) inviting the person to claim personal independence payment must—

• (a) explain that the person's entitlement to disability living allowance will end if the person does not claim personal independence payment,

• (b) state the date of the last day of the period within which the person should claim personal independence payment, that period being one of 28 days starting with the day that is the stated date of notification,

• (c) tell the person how to claim personal independence payment,

and may contain such additional guidance and information as the Secretary of State considers appropriate.

Making a claim for personal independence payment following notification

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• (1) In this regulation and regulation 9 “the claim period” means the period of 28 days referred to in regulation 7(b).

• (2) For the purposes of this regulation a claim, whether or not it is defective as mentioned in paragraph (3) or (4) of regulation 11 (making a claim for personal independence payment) of the Claims and Payments Regulations, must be made in accordance with and by a means set out in paragraph (1)(a), (b) or (c) of that regulation.

• (3) Such a claim is made—

• (a) in the case of a claim made in writing, other than by means of an electronic communication, on a form authorised by the Secretary of State, on the day on which it is delivered to or received at the appropriate office,

• (b) in the case of a claim in writing made by means of an electronic communication in accordance with the provisions set out in Part 2 of Schedule 2 to the Claims and Payments Regulations, on the day on which it is received at the appropriate office, and

• (c) in the case of a claim made by telephone, on the day on which the telephone call takes place.

• (4) Neither paragraph (6) of regulation 11 of the Claims and Payments Regulations nor paragraph (2) of regulation 12 (date of claim for personal independence payment) of those Regulations shall apply in relation to a claim made by a notified person but—

• (a) in a case where the claim is defective as mentioned in paragraph (3) or (4) of the said regulation 11, the Secretary of State must extend the claim period by a period of 28 days, or such longer period as the Secretary of State thinks fit, starting with the day following the last day of the claim period, and

• (b) in any other case the Secretary of State may extend the claim period by such further period as the Secretary of State thinks fit.

• (5) The duty in paragraph (4)(a) and power in paragraph (4)(b) to extend the claim period may be exercised before the claim period would otherwise have expired or after it has expired.

• (6) The Secretary of State may further extend a claim period extended under paragraph (4) either before the extended period would have expired or after it has expired.

• (7) Where the claim period has been extended under paragraph (4), the Secretary of State must treat the claim as properly made if a claim is made—

• (a) before the end of the period by which the claim period was extended or further extended, and

• (b) in accordance with any instructions of the Secretary of State as to the way in which the claim is to be completed.

Suspension of disability living allowance where no claim for personal independence payment made

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• (1) Where a notified person makes no claim for personal independence payment before the end of the claim period or, where applicable, that period as extended under regulation 8(4) or (6), the person's entitlement to disability living allowance shall be suspended.

• (2) The suspension shall take effect on the first pay day after the last day of the claim period or, where applicable, of that period as extended or further extended.

Further opportunity to claim personal independence payment

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• (1) The Secretary of State must send any notified person in relation to whom regulation 9 takes effect a notice in writing informing the person—

• (a) that the person's entitlement to disability living allowance will be or has been suspended,

• (b) of the day on which the suspension takes or took effect, and

• (c) that the person's entitlement to disability living allowance will be terminated unless the person makes a claim for personal independence payment before the end of the period of 28 days beginning with the day on which the suspension takes or took effect.

• (2) The Secretary of State must send a notice under paragraph (1) before, on or as soon as practicable after, the day on which the suspension takes effect in accordance with regulation 9(2).

• (3) Where a notice is sent to a notified person under paragraph (1), and the person makes a claim for personal independence payment before the end of the period specified in paragraph (1)(c), the person's entitlement to disability living allowance shall be reinstated as if the suspension of the entitlement had never taken effect.

Termination of entitlement to disability living allowance following failure to claim personal independence payment

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• (1) Where a notice is sent to a notified person under paragraph 10(1) and the person makes no claim for personal independence payment before the end of the period specified in regulation 10(1)(c), the person's entitlement to disability living allowance shall terminate with effect from the day on which the suspension of the person's entitlement took effect in accordance with regulation 9(2).

• (2) The Secretary of State must send any person in relation to whom paragraph (1) takes effect a notice in writing—

• (a) informing the person that the person's entitlement to disability living allowance has terminated and of the date on which the termination took effect, and

• (b) explaining that it is no longer possible for the person's entitlement to disability living allowance to be reinstated but that it remains open to the person to claim personal independence payment.

Defective claims by voluntary transfer claimants

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• (1) This regulation applies in relation to a claim for personal independence payment by a voluntary transfer claimant if—

• (a) the claim was defective as mentioned in paragraphs (3) or (4) of regulation 11 of the Claims and Payments Regulations, and