SCHEDULE
Regulation 8
PERSONAL INDEPENDENCE PAYMENT: SUPPLEMENTARY PROVISIONS AND CONSEQUENTIAL AMENDMENTS
PART 1
SUPPLEMENTARY PROVISIONS
1. Adjustment of personal independence payment where medical expenses are paid from public funds under war pensions instruments
(1) Sub-paragraph (2) applies where a person (“P”) is provided with relevant accommodation.
(2) Subject to paragraph 2, where there are payable in respect of P both a payment under article 25B or article 21 and personal independence payment which is attributable to the daily living component in accordance with section 78 of the 2012 Act, the personal independence payment, in so far as it is so attributable, is to be adjusted by deducting from it the amount of the payment under article 25B or article 21, as the case may be, and only the balance is payable.
(3) In sub-paragraph (2)—
“article 25B” means article 25B of the Personal Injuries (Civilians) Scheme 1983 (medical expenses)3and includes that article as applied by article 48B of that Scheme;
“article 21” means article 21 of the Service Pensions Order 2006 (medical expenses)4;
and in both this paragraph and paragraph 2 “relevant accommodation” means accommodation provided as necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 25B or article 21 and “the 2012 Act” means the Welfare Reform Act 2012.
2. Exemption from paragraph 1
(1) Paragraph 1 does not apply to P in respect of the first 28 days of any period during which the amount of any personal independence payment attributable to the daily living component in accordance with section 78 of the 2012 Act would be liable to be adjusted by virtue of paragraph 1.
(2) For the purposes of sub-paragraph (1), two or more distinct periods separated by an interval not exceeding 28 days, or by two such intervals, are to be treated as a continuous period equal in duration to the aggregate of such distinct periods and ending on the last day of the later or last such period.
(3) For the purposes of this paragraph, a “relevant day” in relation to P means a day which fell not earlier than 28 days before the first day on which P was provided with relevant accommodation and either—
(a)
(a) was a day when P was undergoing medical treatment in a hospital or similar institution in any of the circumstances mentioned in regulation 29 of the Social Security (Personal Independence Payment) Regulations 20135; or
(b)
(b) was a day when P was, or would but for regulation 30 of those Regulations have been, prevented from receiving personal independence payment attributable to the daily living component by virtue of regulation 29(1) of those Regulations,
and where there is in relation to P a relevant day, sub-paragraph (1) has effect as if for “28 days” there was substituted such lesser number of days as is produced by subtracting from 28 the number of relevant days in that case.
3. Amendment of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992
In paragraph 3(a) of the Schedule6to the Council Tax (Additional Provisions for Discount Disregards) Regulations 19927—
(a) omit “or” at the end of paragraph (iii); and
(b) after paragraph (iv) insert—
“or
(v)
(v) the standard or enhanced rate of the daily living component of personal independence payment under section 78(3) of the Welfare Reform Act 2012;”.
4. Amendment of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000
(1) The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 20008are amended as follows.
(2) In regulation 4 (descriptions of disabled persons), after paragraph (2)(f) insert—
“(g)
“(g) receives the mobility component of personal independence payment at either the standard rate or the enhanced rate under section 79(3) of the Welfare Reform Act 2012 by virtue of obtaining a score of at least 8 points in relation to the “moving around” activity in an assessment carried out under the Social Security (Personal Independence Payment) Regulations 2013.”.
(3) In regulation 6 (fee for issue and period of issue of a badge), in paragraph (2)(b)9—
(a)
(a) for “or 4(2)(d)” substitute “, 4(2)(d) or 4(2)(g)”; and
(b)
(b) in sub-paragraph (ii) for “or the mobility supplement” substitute “, the mobility supplement or the mobility component of personal independence payment.”.
PART 2
CONSEQUENTIAL AMENDMENTS
5. Amendment of the Social Security Contributions and Benefits Act 1992
In section 70 (carer’s allowance), in subsection (2), of the Social Security Contributions and Benefits Act 199210after “middle rate” insert “or personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate”.
6. Amendment of the Social Security Administration Act 1992
After section 159D11of the Social Security Administration Act 199212insert—
“159E.Effect of alteration of rates of personal independence payment
(1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
(a)
(a) an award of personal independence payment is in force in favour of any person (“the recipient”); and
(b)
(b) an alteration in the rate of any component of personal independence payment affects the amount of personal independence payment to which he is entitled.
(2) Where, as a result of the alteration, the amount of personal independence payment to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of personal independence payment in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of personal independence payment as before, the award shall continue in force accordingly.
(4) Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
(a)
(a) the amount of the alteration in the rate of any component of personal independence payment which he proposes to make by an order under section 150 or 152 or by or under any other enactment, and
(b)
(b) the date on which he proposes to bring the alteration in force (“the proposed commencing date”).
(5) If, in a case where this subsection applies, an award of personal independence payment is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
(a)
(a) may provide for personal independence payment to be paid as from the proposed commencing date by reference to the rates of the component of personal independence payment which will be in force on that date, or
(b)
(b) may be expressed in terms of the rates of those components in force at the date of the award.
(6) In this section—
“alteration” means alteration by or under any enactment;
“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
“component”, in relation to personal independence payment, means the daily living component or mobility component (see sections 78 and 79 of the Welfare Reform Act 2012).”.
7. Amendment of the Local Government Finance Act 1992
(1) The ...