Regulation 26 Claim for personal independence payment after an interval and after reaching the relevant age

(1)

Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15 the following exceptions apply.

(2)

The exceptions referred to in paragraph (1) are—

(a)

Article 88(1) does not apply;

(b)

the reference to “2 years” in regulation 15(1)(b) is to be read as “one year”;

(c)

where C is assessed as having severely limited ability to carry out mobility activities for the purposes of the new claim—

(i)

C is entitled to the enhanced rate of the mobility component only if C was entitled to that rate of that component under the previous award F1of personal independence payment or adult disability payment, and

(ii)

where C is not entitled to the enhanced rate of that component because of head (i), C is entitled to the standard rate of that component provided that C was entitled to that rate of that component under the previous award of personal independence payment or adult disability payment; and

(d)

where C is assessed as having limited ability to carry out mobility activities for the purposes of the new claim, C is entitled to the standard rate of the mobility component only if C was entitled to that component, at either rate, under the previous award F2of personal independence payment or adult disability payment.

Annotations

Textual amendments

F1: Words in reg. 26(2)(c)(i)(ii) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 30(7)
F2: Words in reg. 26(2)(d) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 30(7)