Regulation 15B The prescribed date: claims for personal independence payment after award of Scottish Adult Disability Living AllowanceF1

England and Wales

(1)

Paragraphs (2), (3), (4), (5) and (6) apply where—

(a)

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

(b)

C had a previous award of Scottish adult disability living allowance which ended not more than 2 years before the date on which the new claim is made,

(c)

C has not been entitled to personal independence payment on any day since the end of the award of Scottish adult disability living allowance referred to in sub-paragraph (b), and

(d)

C was 64 years old or younger on 8th April 2013.

(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 where that award was in respect of Scottish adult disability living allowance, 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)

(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)

C is to be regarded as meeting such of the conditions contained in the following provisions of these Regulations (as modified by paragraphs (2) and (3) above) as are relevant to C's new claim, regardless of whether those conditions have been met—

(a)

in regulation 12 (required period condition: daily living component), paragraph (1)(a) or (2)(a);

(b)

in regulation 13 (required period condition: mobility component), paragraph (1)(a) or (2)(a).

(5)

This regulation is subject to regulation 26A (claim for personal independence payment after an award of Scottish adult disability living allowance and after reaching the relevant age).

(6)

Where C makes the new claim during the 13 week period provided for in regulation 48 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, for the purpose of this regulation the previous award of Scottish adult disability living allowance is to be treated as having ended immediately before C made the new claim.

Annotations

Textual amendments

F1: Reg. 15B inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 4(5)

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.