Regulation 3 Invitations to persons entitled to disability living allowance to claim personal independence payment

At any time after F127th October 2013, the Secretary of State may by written notification invite a DLA entitled person to make a claim for personal independence payment.

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

F2F3Subject to paragraphs F4(3ZA), F5(3A), (4) and (4A), the Secretary of State must send a notification under paragraph (1) to a DLA entitled person who reaches 16 after F627th October 2013 as soon as reasonably practicable after the person reaches that age.

F8The Scottish Ministers must not send a notification under paragraph (1) to a DLA entitled person who—

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.

F10Paragraph (3) does not apply unless—

F11F12Paragraphs (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.

F14If the DLA entitled person referred to in F15paragraphs (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.

F16F17Subject to F18paragraphs (5A) and (5B), where, after F1927th October 2013, a DLA entitled person who has neither—

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).

F21Paragraph (5) does not apply unless—

F23If 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.

F24This 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.