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

The Department may by written notification invite a DLA entitled person to make a claim for personal independence payment.

The Department must not send a notification under paragraph (1) to any person who, on 20th June 2016, was 65 or over.

F1Subject to paragraphs (4) and (4A), the Department must send a notification under paragraph (1) to a DLA entitled person who reaches 16 as soon as reasonably practicable after the person reaches that age.

Paragraph (3) does 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 section 66(2) of the Contributions and Benefits Act (attendance allowance for the terminally ill).

If the DLA entitled person referred to in paragraph (3) is an exempt person, the Department must not send the notification required by paragraph (3) until the DLA entitled person ceases to be an exempt person.

F3Subject to paragraph (5A), where a DLA entitled person who has neither—

notifies the Department of a change of circumstances other than a change to which paragraph (6) applies, the Department must, as soon as reasonably practicable, send the person a notification under paragraph (1).

If the DLA entitled person referred to in paragraph (5) is an exempt person, the Department must not send the notification required by paragraph (5) until the DLA entitled person ceases to be an exempt person.

This 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 Northern Ireland.