Regulation 5 Amendment of the Social Security (Personal Independence Payment) Regulations 2013

The Social Security (Personal Independence Payment) Regulations 2013^f1 are amended as follows.

In regulation 2 (interpretation)—

In regulation 16(a) (conditions relating to residence and presence in Great Britain), for “Great Britain” substitute “England and Wales”.

After regulation 16, insert—

“Meaning of “the relevant area” in this Part

16A

In this Part, “the relevant area” means—

(a)

for the purposes of regulation 16(a), England and Wales;

(b)

for the purposes of regulation 16(b), Great Britain.”.

In regulation 17(1) (absence from Great Britain), for “Great Britain” in the second place it appears substitute “the relevant area”.

In regulation 18(1) (absence from Great Britain to receive medical treatment), in the words before sub-paragraph (a), for “Great Britain” in the second place it appears substitute “the relevant area”.

In regulation 19(1) (absence from Great Britain in special cases), in the words before sub-paragraph (a), for “Great Britain” in the second place it appears substitute “the relevant area”.

After regulation 20 (serving members of His Majesty's forces and their family members – further provision), insert—

“Absence from England and Wales whilst present in Scotland

20A

Where C is required for the purposes of regulation 16(a) to be present in England and Wales, even though C is absent from England and Wales on a particular day, C is to be treated as though they were present in England and Wales on that day if—

(a)

C’s absence on that day is by reason only of the fact that they are temporarily absent from England and Wales, and

(b)

C is present in Scotland.”.

After regulation 23ZA (persons in receipt of an equivalent Scottish benefit who move from Scotland to England or Wales), 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 England and Wales on or after the residence change date, to be treated as present in England and Wales 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 Secretary of State must comply with the requirement in paragraph (5).

(2)

The conditions mentioned in paragraph (1) are, subject to paragraph (4), 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 England and Wales—

(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 Secretary of State under section 8 of the 1998 Act,

(b)

been withdrawn in accordance with regulation 31 of the Claims and Payments Regulations, or

(c)

otherwise ceased to be under consideration before being decided by the Secretary of State under section 8 of the 1998 Act.

(4)

Where the day referred to in paragraph (i) or (ii) of paragraph (2)(c) is before 6th November 2025, the condition in that paragraph is to be read to the effect that the person must be present in England and Wales, or treated for the purposes of regulation 16(a) as being present in Great Britain, on that day.

(5)

The requirement mentioned in paragraph (1) is that the Secretary of State must make a decision under section 8 of the 1998 Act on C’s claim for personal independence payment, unless C withdraws the claim in accordance with regulation 31 of the Claims and Payments Regulations.

(6)

For the purposes of the decision of the Secretary of State mentioned in paragraph (5), regulation 16(a) applies as if for “England and Wales” there were substituted “Great Britain”.

(7)

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

(a)

C is, insofar as they are not present in England and Wales on or after the residence change date, to be treated as present in England and Wales 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.

(8)

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 2013^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 12 of the Claims and Payments Regulations.”.