Regulation 14 Amendment of the Personal Independence Payment Regulations (Northern Ireland) 2016

The Personal Independence Payment Regulations (Northern Ireland) 2016^f1 are amended as follows.

In regulation 2(1) (interpretation)—

After regulation 23ZA (persons in receipt of an equivalent Scottish benefit who move from Scotland to Northern Ireland), insert—

“Effect of move to Scotland (C entitled to personal independence payment)

23ZB

(1)

This regulation applies where C becomes permanently resident in Scotland on or after 6th November 2025.

(2)

If, on the day before the residence change date, C is entitled to any component of personal independence payment, C is, insofar as they are not present in Northern Ireland on or after the residence change date, treated as present in Northern Ireland for the purposes of regulation 16(a) for the duration of the run-on period.

(3)

If, on the day before the residence change date—

(a)

C has an award of any component of personal independence payment which is for a fixed term period; and

(b)

that fixed term period is due to expire before the end of the run-on period;

the fixed term period is extended so that it expires at the same time as the run-on period.

(4)

“The run-on period”, in relation to a person, is the period—

(a)

beginning with the residence change date; and

(b)

ending at the end of the period of 13 weeks beginning on the residence change date.

Effect of move to Scotland (ongoing claim)

23ZC

(1)

Where C satisfies the conditions in paragraph (2), the Department must comply with the requirement in paragraph (4).

(2)

The conditions mentioned in paragraph (1) are that C—

(a)

has an ongoing claim for personal independence payment on the residence change date;

(b)

becomes permanently resident in Scotland on or after 6th November 2025; and

(c)

is, or in accordance with a provision other than this regulation is treated for the purposes of regulation 16(a) as being, present in Northern Ireland—

(i)

on the day on which C makes the claim, and

(ii)

on the day before the residence change date.

(3)

For the purposes of paragraph (2)(a), C has an ongoing claim on the residence change date if, before that date, the claim has not—

(a)

been decided by the Department under Article 9 of the 1998 Order;

(b)

been withdrawn in accordance with regulation 30 of the Claims and Payments Regulations; or

(c)

otherwise ceased to be under consideration before being decided by the Department under Article 9 of the 1998 Order.

(4)

The requirement mentioned in paragraph (1) is that the Department must make a decision under Article 9 of the 1998 Order on C’s claim for personal independence payment, unless C withdraws the claim in accordance with regulation 30 of the Claims and Payments Regulations.

(5)

If the Department decides that C is entitled to any component of personal independence payment—

(a)

C is, insofar as they are not present in Northern Ireland on or after the residence change date, to be treated as present in Northern Ireland for the purposes of regulation 16(a) for the duration of the run-on period; and

(b)

if—

(i)

C has an award of any component of personal independence payment which is for a fixed term period, and

(ii)

the fixed term period is due to expire before the end of the run-on period,

the fixed term period is extended so that it expires at the same time as the run-on period.

(6)

In this regulation—

(a)

the “Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016^f2;

(b)

any reference to the date on which a person makes a claim for personal independence payment (however expressed) is to be construed in accordance with regulation 11 of the Claims and Payments Regulations.”.