Regulation 25 Exceptions to section 83 where entitlement exists or claim made before relevant ageI1
Section 83(1) of the Act (persons of pensionable age) does not apply where C has reached the relevant age if C —
was entitled to an award of either or both components on the day preceding the day on which C reached the relevant age; or
made a claim for personal independence payment before reaching the relevant age and that claim was not determined before C reached that age but an award of either or both components would be made in respect of C but for section 83(1) of the Act.
Annotations
Commencement
- I1
Reg. 25 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.