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The Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2018

S.R. 2018/121 · Made 16 May 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 16th May 2018

Laid before Parliament- 17th May 2018

Coming into operation 15th June 2018

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by Articles 85(1)(c) and (d) and (3)(b) and (c) and 99(1)(a) of the Welfare Reform (Northern Ireland) Order 2015f1.

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015f2.

Annotations to the whole text

Footnotes

f1

S.I. 2015/2006 (N.I. 1)

f2

Article 4(1)(a) was amended by Article 4(2)(a) of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1))

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Personal Independence Payment Regulations (Northern Ireland) 2016
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2018 and come into operation on 15th June 2018.

2Amendment of the Personal Independence Payment Regulations (Northern Ireland) 2016

In the table in Part 3 (mobility activities) of Schedule 1 to the Personal Independence Payment Regulations (Northern Ireland) 2016 f1, in relation to activity 1 (planning and following journeys) in descriptors c, d and f for “For reasons other than psychological distress, cannot” substitute “Cannot”.

3Revocation

Regulation 2(4) of the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017f1 is revoked.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Sarah Newton

Minister of State

Department for Work and Pensions

16th May 2018

Explanatory note

(This note is not part of the Regulations)

These Regulations reverse the amendments introduced in Schedule 1 to the Personal Independence Payment Regulations (Northern Ireland) 2016 (S.R. 2016 No. 217) by regulation 2(4) of the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017 No. 69). The corresponding amendments made in Great Britain to the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377) by regulation 2(4) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 (S.I. 2017/194) were found to be ultra vires by a decision of the High Court handed down on 21 December 2017 ([2017] EWHC 3375 (Admin)).

Regulation 2 removes wording relating to the exclusion of psychological distress from descriptors c, d and f (planning or following the route of a journey) in the activity “planning and following journeys” in Part 3 of Schedule 1 (mobility activities).

Regulation 3 makes a consequential revocation to the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017 No. 69).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.