Regulation 26 Claim for personal independence payment after an interval and after reaching the relevant ageI1
Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15 the following exceptions apply.
The exceptions referred to in paragraph (1) are—
section 83(1) of the Act (persons of pensionable age) does not apply;
the reference to ‘2 years’ in regulation 15(1)(b) is to be read as ‘1 year’;
where C is assessed as having severely limited ability to carry out mobility activities for the purposes of the new claim—
C is entitled to the enhanced rate of the mobility component only if C was entitled to that rate of that component under the previous award F1of personal independence payment or adult disability payment; and
where C is not entitled to the enhanced rate of that component because of paragraph (i), C is entitled to the standard rate of that component provided that C was entitled to that rate of that component under the previous award F2of personal independence payment or adult disability payment; and
where C is assessed as having limited ability to carry out mobility activities for the purposes of the new claim, C is entitled to the standard rate of the mobility component only if C was entitled to that component, at either rate, under the previous award F3of personal independence payment or adult disability payment.
Annotations
Textual amendments
- F1
Words in reg. 26(2)(c)(i) 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(7)
- F2
Words in reg. 26(2)(c)(ii) 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(7)
- F3
Words in reg. 26(2)(d) 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(7)
Commencement
- I1
Reg. 26 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.