Regulation 3 Invitations to persons entitled to disability living allowance to claim personal independence payment
England, Wales and Scotland
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.
F8The Scottish Ministers must not send a notification under paragraph (1) to a DLA entitled person who—
reaches the age of 16 on or after 1 September 2020, and
is resident in Scotland,
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—
the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and
that person reaches 16 on or after that relevant date.
F16F17Subject to F18paragraphs (5A) and (5B), where, after F1927th October 2013, a DLA entitled person who has neither—
been sent a notification under paragraph (1), nor
made a claim for personal independence payment under regulation 4,
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—
the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and
that person notifies the Secretary of State of the change of circumstances on or after that relevant date.
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.
Annotations
Textual amendments
- F1
Words in reg. 3(1) substituted (6.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2013 (S.I. 2013/2231), regs. 1(2), 2(2)
- F2
Reg. 3(3) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F3
Words in reg. 3(3) inserted (25.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2689), regs. 1(2), 2(3)(a)
- F4
Word in reg. 3(3) inserted (S.) (1.9.2020) by The Personal Independence Payment (Transitional Provisions) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/218), regs. 1(1), 2(2)(a)
- F5
Words in reg. 3(3) substituted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 4(3)(a)
- F6
Words in reg. 3(3) substituted (6.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2013 (S.I. 2013/2231), regs. 1(2), 2(2)
- F7
Reg. 3(3ZA) inserted (S.) (1.9.2020) by The Personal Independence Payment (Transitional Provisions) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/218), regs. 1(1), 2(2)(b)
- F8
Reg. 3(3ZA) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F9
Reg. 3(3A) inserted (25.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2689), regs. 1(2), 2(3)(b)
- F10
Reg. 3(3A) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F11
Reg. 3(4) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F12
Words in reg. 3(4) substituted (S.) (1.9.2020) by The Personal Independence Payment (Transitional Provisions) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/218), regs. 1(1), 2(2)(c)
- F13
Reg. 3(4A) inserted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 4(3)(b)
- F14
Reg. 3(4A) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F15
Words in reg. 3(4A) substituted (S.) (1.9.2020) by The Personal Independence Payment (Transitional Provisions) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/218), regs. 1(1), 2(2)(d)
- F16
Reg. 3(5) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F17
Words in reg. 3(5) inserted (25.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2689), regs. 1(2), 2(3)(c)
- F18
Words in reg. 3(5) substituted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 4(3)(c)
- F19
Words in reg. 3(5) substituted (6.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2013 (S.I. 2013/2231), regs. 1(2), 2(2)
- F20
Reg. 3(5A) inserted (25.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2689), regs. 1(2), 2(3)(d)
- F21
Reg. 3(5A) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F22
Reg. 3(5B) inserted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 4(3)(d)
- F23
Reg. 3(5B) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)
- F24
Reg. 3(6) omitted (S.) (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 17(2)