Explanatory note

These Regulations amend Schedule 1 to the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377), which sets out the activities to be assessed when determining entitlement for Personal Independence Payment and the way in which a claimant’s ability to carry out those activities is to be scored.

Regulations 2(2) and 2(3) reverse the effect of the judgment of the Upper Tribunal in the case of Secretary of State for Work and Pensions v LB (PIP) [2016] UKUT 0530 (AAC). Regulation 2(2) separates the definition of “manage medication or therapy”, in Part 1 of the Schedule, into two separate definitions (“manage medication” and “manage therapy”). It also amends the definition of “therapy” to make it clear that this does not include receiving or administering medication by any means, or any action which (in the case of the particular claimant being assessed) falls within the definition of “monitor a health condition”. Regulation 2(3) amends the activity “managing therapy or monitoring a health condition”, in Part 2 of the Schedule (daily living activities), to make it clear that descriptor b (need for an aid, appliance, prompting, supervision or assistance to be able to manage medication or monitor a health condition) remains the appropriate descriptor even if two or more elements in that descriptor are satisfied.

Regulation 2(4) reverses the effect of the judgment of the Upper Tribunal in the case of MH v Secretary of State for Work and Pensions (PIP) [2016] UKUT 0531 (AAC) by making it clear that, in the activity “planning and following journeys” in Part 3 of the Schedule (mobility activities), the effects of psychological distress are not relevant to descriptors c, d or f (planning or following the route of a journey).

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.