Regulation 6 Persons in the course of claiming disability living allowance not entitled to claim personal independence payment

(1)

This regulation applies to a person who is not entitled to disability living allowance if—

(a)

the person claimed disability living allowance before F128th October 2013, and

(b)

that claim remains under consideration on that date.

(2)

A person to whom this regulation applies may not claim personal independence payment while the person's claim for disability living allowance remains under consideration.

(3)

For the purpose of this regulation a person's claim for disability living allowance remains under consideration only if it has not—

(a)

been decided by the Secretary of State under section 8 (decisions by the Secretary of State) of the Social Security Act 1998 M1,

(b)

been withdrawn in accordance with paragraph (2) of regulation 5 (amendment and withdrawal of claim) of the 1987 Regulations, or

(c)

otherwise ceased to be under consideration before being decided by the Secretary of State as mentioned in subparagraph (a).

Annotations

Textual amendments

F1: Words in reg. 6(1)(a) substituted (6.10.2013) by The Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2013 (S.I. 2013/2231), regs. 1(2), 2(4)

Marginal citations

M1: Section 8 was amended by the Welfare Reform Act 2012, Schedule 9, paragraphs 37 and 39. There are other amendments to section 8 not relevant to these Regulations.