# The Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2016, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations, which come into force on 4th April 2016, amend the Personal Independence Payment (Transitional Provisions) Regulations 2013 (S.I. 2013/387) (“the PIP Transitional Regulations”).
The PIP Transitional Regulations contain transitional provisions for the phasing out of the benefit known as disability living allowance (“DLA”) and its replacement by personal independence payment (“PIP”). If entitlement to PIP is established for a person transferring from DLA to PIP, then under regulation 17(1) and (2) of those Regulations, that person is not entitled to PIP until a period of 28 days has elapsed, starting with the first pay day after the making of the PIP decision. The PIP decision determines whether a person is entitled to the daily living component, the mobility component or both and, if so entitled, the rate and the period of the award.
Regulation 2 of these Regulations introduces an exception to the 28 day period for a person who is terminally ill, if that person is awarded PIP at a total weekly rate which is greater than their total weekly rate of DLA. It ensures that their entitlement to DLA will terminate on the last day of the payment period during which the PIP decision is made, or the first Tuesday following the making of that decision (whichever is the earlier). They will be entitled to PIP from the following day. Section 82(4) of the Welfare Reform Act 2012 defines a person as terminally ill at any time if at that time they suffer from a progressive disease and their death in consequence of that disease can reasonably be expected within 6 months.
An impact assessment has not been published for this instrument as it has no impact on business or civil society organisations.

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Source: https://www.legislation.gov.uk/uksi/2016/189/note (the official version)
Page: https://openlegislation.uk/personal-independence-payment-transitional-provisions-amendment-regulations-2016/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.