Regulation 7 Scoring: further provisionI1

(1)

The descriptor which applies to C in relation to each activity in the tables referred to in regulations 5 and 6 is—

(a)

where one descriptor is satisfied on over 50% of the days of the required period, that descriptor;

(b)

where two or more descriptors are each satisfied on over 50% of the days of the required period, the descriptor which scores the higher or highest number of points; and

(c)

where no descriptor is satisfied on over 50% of the days of the required period but two or more descriptors (other than a descriptor which scores 0 points) are satisfied for periods which, when added together, amount to over 50% of the days of the required period–

(i)

the descriptor which is satisfied for the greater or greatest proportion of days of the required period; or,

(ii)

where both or all descriptors are satisfied for the same proportion, the descriptor which scores the higher or highest number of points.

(2)

For the purposes of paragraph (1), a descriptor is satisfied on a day in the required period if it is likely that, if C had been assessed on that day, C would have satisfied that descriptor.

(3)

In paragraphs (1) and (2), “required period” means—

(a)

in the case where entitlement to personal independence payment falls to be determined, the period of 3 months ending with the prescribed date together with—

(i)

in relation to a claim after an interval for the purpose of regulation 15 F1or 15A, the period of 9 months beginning with the date on which that claim is made;

(ii)

in relation to any other claim, the period of 9 months beginning with the day after the prescribed date.

(b)

in the case where personal independence payment has been awarded to C—

(i)

during the period of 3 months following a determination of entitlement under a claim for the purpose of regulation 15 F2or 15A, the period of 3 months ending with the prescribed date together with, for each day of the award, the period of 9 months beginning with the day after that date;

(ii)

in any other case, for each day of the award, the period of 3 months ending with that date together with the period of 9 months beginning with the day after that date.

Annotations

Textual amendments

F1: Words in reg. 7(3)(a)(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(3)
F2: Words in reg. 7(3)(b)(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(3)

Commencement

I1: Reg. 7 coming into force in accordance with reg. 1(2) and S.I. 2013/358

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.