Regulation 3 Amendment of regulation 4

In regulation 4 (description of disabled persons)—

(a)

after sub-paragraph (aa) of paragraph (2), insert—

“(ab)
has—

(i)
had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013^f1 and immediately before that happened was a disabled person by virtue of sub-paragraph (a); and

(ii)
made a revision request which falls within paragraph (5);

(ac)
has had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013 and immediately before that happened was a disabled person by virtue of sub-paragraph (a) with the relevant award of disability living allowance having been made without limit of time;”;

(b)

in paragraph (4)—

(i)

at the end of sub-paragraph (a), omit “and”; and

(ii)

at the end of sub-paragraph (b), insert—

“; and

(c)
“revision request” means an application to the Secretary of State for a revision under regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013^f2 of the decision as to whether the person in question is entitled to personal independence payment or on the amount of that payment”; and

(c)

after paragraph (4), insert—

“(5)
A revision request falls within this paragraph if it is made by a person—

(a)
no earlier than a year before that person made the application for a disabled person’s badge which is under consideration;

(b)
no earlier than a year before the expiry date of any disabled person’s badge held by that person.”.

Annotations

Footnotes

f1: S.I. 2013/387.
f2: S.I. 2013/381.