The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/556
Year2016

2016 No. 556

Social Security

The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016

Made 3rd May 2016

Laid before Parliament 9th May 2016

Coming into force 29th June 2016

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 73(1)(b) and 189(1), (4) and (5) of the Social Security Administration Act 19921and sections 86, 93 and 94(1), (2), (3)(a) and (4) of, and paragraphs 1(1) and 3(1)(a) and (c) of Schedule 10 to, the Welfare Reform Act 20122.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations need not be referred to it3.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016.

(2) They come into force on 29th June 2016.

S-2 Amendment of the Social Security (Disability Living Allowance) Regulations 1991

Amendment of the Social Security (Disability Living Allowance) Regulations 1991

2.—(1) The Social Security (Disability Living Allowance) Regulations 19914are amended as follows.

(2) In regulation 8 (hospitalisation)—

(a)

(a) for the title, substitute “Hospitalisation of persons aged 18 or over”;

(b)

(b) in paragraph (1), after “Subject to” insert “paragraph (2B) and”;

(c)

(c) at the end add—

S-2B

“2B This regulation does not apply to a person who was under the age of 18 on the day on which he entered the hospital or other similar institution referred to in paragraph (1) to begin his current period as an in-patient.”.

(3) In regulation 10 (exemption from regulation 8 and 9)—

(a)

(a) omit paragraph (2);

(b)

(b) in paragraph (3) omit “or, as the case may be, paragraph (2)”;

(c)

(c) in paragraph (5) for “paragraphs (1) and (2)” substitute “paragraph (1)”.

(4) In regulation 12A (hospitalisation in mobility component cases)—

(a)

(a) in the title, after “Hospitalisation” insert “of persons aged 18 or over”;

(b)

(b) in paragraph (1), after “Subject to” insert “paragraph (3) and”;

(c)

(c) at the end add—

S-3

“3 This regulation does not apply to a person who was under the age of 18 on the day on which he entered the hospital or other similar institution referred to in paragraph (1) to begin his current period as an in-patient.”.

(5) In regulation 12B (exemption from regulation 12A)—

(a)

(a) omit paragraph (1)(b) and the word “or” preceding it;

(b)

(b) in paragraph (7), omit “or, as the case may be, paragraph (1)(b)”.

S-3 Amendment of the Social Security (Personal Independence Payment) Regulations 2013

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

3. In regulation 29 (hospital in-patients) of the Social Security (Personal Independence Payment) Regulations 20135

(a) for the title, substitute “Hospital in-patients aged 18 or over”;

(b) in paragraph (1), after “Subject to” insert “paragraph (3) and”;

(c) at the end add—

S-3

“3 This regulation does not apply if C was under the age of 18 on the day on which C entered the hospital or similar institution referred to in section 86(2) of the Act to begin C’s current period as an in-patient.”.

S-4 Amendment of the Personal Independence Payment (Transitional Provisions) Regulations 2013

Amendment of the Personal Independence Payment (Transitional Provisions) Regulations 2013

4.—(1) The Personal Independence Payment (Transitional Provisions) Regulations 20136are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), after the definition of “electronic communication” insert—

““exempt person” means a DLA entitled person in respect of whom, by virtue of regulation 8(2B) or 12A(3) of the 1991 Regulations (person under the age of 18 on the day of entry into hospital), a disability living allowance is payable even though they are maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or other similar institution;”.

(3) In regulation 3 (invitations to persons entitled to disability living...

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