Regulation 26A Claim for personal independence payment after an award of Scottish adult disability living allowance and after reaching the relevant ageF1

England and Wales

(1)

Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15B(1) the following exceptions apply.

(2)

The exceptions referred to in paragraph (1) are—

(a)

section 83(1) of the Act (persons of pensionable age) does not apply;

(b)

the reference to ‘2 years’ in regulation 15B(1)(b) is to be read as ‘1 year’.

Annotations

F1: Reg. 26A 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(6)

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.