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 20th June 2016; 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 Department under Article 9 of the 1998 Order^f1 (decisions by the Department);

(b)

been withdrawn in accordance with regulation 5(2) of the 1987 Regulations (withdrawal of claim); or

(c)

otherwise ceased to be under consideration before being decided by the Department as mentioned in sub-paragraph (a).

Annotations

Footnotes

f1: Article 9 was amended by paragraph 16 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), paragraph 6 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), paragraph 10(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007, paragraph 29 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)) and is amended by paragraph 36 of Schedule 2 and paragraph 37 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015