Regulation 15 The prescribed date: claims for personal independence payment after an intervalI1

(1)

Paragraphs (2) and (3) apply where—

(a)

C makes a claim for personal independence payment (“the new claim”);

(b)

C had a previous award F1for personal independence payment or adult disability payment which ended not more than 2 years before the date on which the new claim is made;

(c)

the previous award referred to in sub-paragraph (b)F2, where that award was in respect of personal independence payment or adult disability payment, consisted of the same component as the one to which C is entitled (or would be entitled if C met the required period condition) under the new claim; and

(d)

the Secretary of State determines that the entitlement under the new claim results from-

(i)

substantially the same physical or mental condition or conditions for which the previous award was made; or

(ii)

a new physical or mental condition which developed as a result of a condition for which the previous award was made.

(2)

In relation to determination of entitlement under the new claim—

(a)

the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended F3where that award was in respect of personal independence payment or adult disability payment; and

(b)

regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to the new claim as if, for the words ‘the prescribed date’ there were substituted ‘the date on which the new claim for personal independence payment is made’.

(3)

Where C is awarded either or both components under the new claim, in relation to continued entitlement to that component or, as the case may be, those components, for the period of 3 months following the date of the new claim—

(a)

the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended F4where that award was in respect of personal independence payment or adult disability payment; and

(b)

regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to that award as if, for the words ‘the prescribed date’ there were substituted ‘each day of the award’.

(4)

This regulation is subject to regulation 26.

Annotations

Textual amendments

F1: Words in reg. 15(1)(b) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(5)(a)
F2: Words in reg. 15(1)(c) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(5)(b)
F3: Words in reg. 15(2)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(5)(c)
F4: Words in reg. 15(3)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 14(5)(c)

Commencement

I1: Reg. 15 coming into force in accordance with reg. 1(2) and S.I. 2013/358

Notes on the whole SI

Textual amendments

F1: 2012 c.5.
F2: See section 173(5)(a) of the Social Security Administration Act 1992 (c.5) (‘the 1992 Act’). The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made. Schedule 9, paragraph 26(a) to the Welfare Reform Act 2012 (c.5) (‘the Act’) inserted a reference to Part 4 of that Act into section 170(5) of the 1992 Act which has the effect of making that Part of the Act a ‘relevant enactment’ and therefore subject to the requirement to refer regulations to the Social Security Advisory Committee unless section 173(5) applies.