Regulation 4A Claims by persons entitled to disability living allowance for personal independence payment upon becoming resident in ScotlandF1

Scotland

(1)

Paragraphs (2) to (4) apply where a DLA entitled person who reaches the age of 16 on or after 1 September 2020—

(a)

has been sent a notification under regulation 3(1) whilst resident in England or Wales, and

(b)

becomes resident in Scotland before an assessment determination is made.

(2)

From the date on which the person becomes resident in Scotland—

(a)

the notification sent under regulation 3(1) ceases to have effect,

(b)

regulations 8 to 11 are of no effect in respect of that notification,

(c)

regulations 3(3ZA) and 18A apply in respect of the person, and

(d)

for the purposes of regulation 4, the person is treated as though they have not been sent a notification under regulation 3(1).

(3)

If the person described in paragraph (1) has made a claim for personal independence payment—

(a)

for the avoidance of doubt, nothing in paragraph (2) affects the validity of a claim for personal independence payment that has been made in pursuance of the notification,

(b)

the claim will continue towards an assessment determination, unless it is withdrawn under regulation 31 (withdrawal of claim) of the Claims and Payments Regulations.

(4)

If the person described in paragraph (1) has made a claim for personal independence payment in pursuance of the notification, and then withdraws their claim under regulation 31 (withdrawal of claim) of the Claims and Payments Regulations before an assessment determination is made, regulation 15 does not apply in respect of that withdrawal.

Annotations

Textual amendments

F1: Reg. 4A 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(3)