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

• Citation: S.I. 2016/556
• Sections: 4

Section 1 Citation and commencement

(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.

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

(1) The Social Security (Disability Living Allowance) Regulations 1991 are amended as follows.

(2) In regulation 8 (hospitalisation)—

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

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

(c) at the end add—

(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) omit paragraph (2);

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

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

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

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

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

(c) at the end add—

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

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

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

In regulation 29 (hospital in-patients) of the Social Security (Personal Independence Payment) Regulations 2013 —

(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—

(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.

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

(1) The Personal Independence Payment (Transitional Provisions) Regulations 2013 are 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 allowance to claim personal independence payment)—

(a) in paragraph (3) for “(3A) and (4)” substitute “(3A), (4) and (4A)”;

(b) after paragraph (4) insert—

(4A) If the DLA entitled person referred to in paragraph (3) is an exempt person, the Secretary of State must not send the notification required by paragraph (3) until the DLA entitled person ceases to be an exempt person.

(c) in paragraph (5) for “paragraph (5A)” substitute “paragraphs (5A) and (5B)”;

(d) after paragraph (5A) insert—

(5B) If the DLA entitled person referred to in paragraph (5) is an exempt person, the Secretary of State must not send the notification required by paragraph (5) until the DLA entitled person ceases to be an exempt person.

(4) In regulation 19 (general power to extend fixed term period awards of disability living allowance), in paragraph (1)(b), after “expire” insert “while the DLA entitled person is an exempt person to whom a notification cannot be sent by virtue of regulation 3(4A) or (5B), or”.