Regulation 2 InterpretationI1
England, Wales and Scotland
In these Regulations—
“the 1998 Act” means the Social Security Act 1998F1;
“the Act” means the Welfare Reform Act 2012;
F2“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
“aid or appliance”—
- (a)
means any device which improves, provides or replaces C's impaired physical or mental function; and
- (b)
includes a prosthesis;
- (a)
“assessment” means the assessment referred to in regulation 4;
“C” means a person who has made a claim for or, as the case may be, is entitled to personal independence payment;
“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;
“component” means the daily living component or, as the case may be, the mobility component of personal independence payment;
“descriptor” means a descriptor in column 2 of the tables in Parts 2 and 3 of Schedule 1;
“disability living allowance” means disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992F3;
“medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or other regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly;
“prescribed date” means the date prescribed F4 by regulation F514, 15
F6or 15A, 15A or 15B;“previous award” means an award of either or both components to which C has ceased to be entitled;
F7“the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);
“revised” means revised under section 9 of the 1998 Act, and “revision” is to be construed accordingly;
F8“run-on period” has the meaning given in regulation 23ZB(4);
F9“Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
“superseded” means superseded under section 10 of the 1998 ActF10, and “supersession” is to be construed accordingly; and
terms defined for the purposes of a provision of Part 4 of the Act have the same meaning in these Regulations.
Annotations
Textual amendments
- F1
- F2
Words in reg. 2 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(2)(a)
- F3
1992 c.4. Section 71 was amended by the Welfare Reform and Pensions Act 1999 (c.30), section 67(1).
- F4
‘Prescribed’ means prescribed by regulations. See section 95 of the Act.
- F5
Words in reg. 2 substituted (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(2)(b)
- F6
Words in reg. 2 substituted (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(2)(a)
- F7
Words in reg. 2 inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 5(2)(a) (with reg. 6)
- F8
Words in reg. 2 inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 5(2)(b) (with reg. 6)
- F9
Words in reg. 2 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(2)(b)
- F10
Section 10 was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), Schedule 7, paragraph 23(a) and (b) and Schedule 10, and the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), Schedule 3, paragraph 148.
Commencement
- I1
Reg. 2 coming into force in accordance with reg. 1(2) and S.I. 2013/358
Notes on the whole SI
Textual amendments
- F1
- 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.