Regulation 20 Notifications of change of circumstances

(1)

This regulation applies where—

(a)

a person notifies the Department of a change of circumstances; and

(b)

paragraph (3), (4) or (5) applies.

(2)

If this regulation applies—

(a)

the notification shall not be regarded as relating to disability living allowance and accordingly neither Article 11 of the 1998 Order^f1 (decisions superseding earlier decisions) nor any other provision of that Order shall apply; and

(b)

the notification to the Department must be treated in all respects as if it were a notification under regulation 37(4) of the Claims and Payments Regulations (evidence and information in connection with an award) of a change of circumstances which the person might reasonably be expected to know might affect the continuance of entitlement to personal independence payment.

(3)

This paragraph applies where a notified person notifies the Department of a change of circumstances before the person makes a claim for personal independence payment.

(4)

This paragraph applies where a transfer claimant notifies the Department of a change of circumstances.

(5)

This paragraph applies where a DLA entitled person notifies the Department of a change of circumstances and, as a result, it is required by regulation 3(5) to send a notification under paragraph (1) of that regulation inviting the person to claim personal independence payment.

(6)

Paragraphs (3) and (4) do not apply where the change of circumstances notified is that the notified person or the transfer claimant, as the case may be, is to become or has become absent, whether temporarily or permanently, from Northern Ireland.

Annotations

Footnotes

f1: Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999