The Personal Independence Payment Regulations (Northern Ireland) 2016

Made: 3rd May 2016

Laid before Parliament: 10th May 2016

Coming into operation: 20th June 2016

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015.

PART 1 — General

Citation and commencement

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These Regulations may be cited as the Personal Independence Payment Regulations (Northern Ireland) 2016 and come into operation on 20th June 2016.

Interpretation

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• (1) In these Regulations—

• “the 1998 Order” means the Social Security (Northern Ireland) Order 1998[^f00002];

• “adult disability payment has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• “aid or appliance”—means any device which improves, provides or replaces C’s impaired physical or mental function; andincludes a prosthesis;

• “assessment” means the assessment referred to in regulation 4;

• “C” means a person who has made a claim for or, as the case may be, is entitled to personal independence payment;

• “child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

• “component” means the daily living component or, as the case may be, the mobility component of personal independence payment;

• “descriptor” means a descriptor in column 2 of the tables in Parts 2 and 3 of Schedule 1;

• “disability living allowance” means disability living allowance under section 71 of the Contributions and Benefits Act[^f00003];

• “medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or other regimen)...;

• “prescribed date” means the date prescribed by regulation 14 or 15 or 15A or 15B ;

• “previous award” means an award of either or both components to which C has ceased to be entitled;

• “the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Department is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);

• “revised” means revised under Article 10 of the 1998 Order and “revision” is to be construed accordingly; ...

• “run-on period” has the meaning given in regulation 23ZB(4);

• “Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; and

• “superseded” means superseded under Article 11 of the 1998 Order[^f00004] and “supersession” is to be construed accordingly.

• (2) Unless the context otherwise requires, any reference in these Regulations to a numbered Article is to the Article of the Welfare Reform (Northern Ireland) Order 2015 bearing that number.

• (3) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954[^f00005], where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

PART 2 — Personal independence payment assessment

Daily living activities and mobility activities

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• (1) For the purposes of Article 83(4) and these Regulations, daily living activities are the activities set out in column 1 of the table in Part 2 of Schedule 1.

• (2) For the purposes of Article 84(4) and these Regulations, mobility activities are the activities set out in column 1 of the table in Part 3 of Schedule 1.

Assessment of ability to carry out activities

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• (1) For the purposes of Article 82(2) and Article 83 or, as the case may be, 84 whether C has limited or severely limited ability to carry out daily living or mobility activities, as a result of C’s physical or mental condition, is to be determined on the basis of an assessment taking account of relevant medical evidence.

• (2) C’s ability to carry out an activity is to be assessed—

• (a) on the basis of C’s ability whilst wearing or using any aid or appliance which C normally wears or uses; or

• (b) as if C were wearing or using any aid or appliance which C could reasonably be expected to wear or use.

• (3) Where C’s ability to carry out an activity is assessed, C is to be assessed as satisfying a descriptor only if C can do so—

• (a) safely;

• (b) to an acceptable standard;

• (c) repeatedly; and

• (d) within a reasonable time period.

• (4) Where C has been assessed as having severely limited ability to carry out activities, C is not to be treated as also having limited ability in relation to the same activities.

• (5) In this regulation—

• “reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity;

• “repeatedly” means as often as the activity being assessed is reasonably required to be completed; and

• “safely” means in a manner unlikely to cause harm to C or to another person, either during or after completion of the activity.

Scoring for daily living activities

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• (1) The score C obtains in relation to daily living activities is determined by adding together the number of points (if any) awarded for each activity listed in column 1 of the table in Part 2 of Schedule 1 (“the daily living activities table”).

• (2) For the purpose of paragraph (1), the number of points awarded to C for each activity listed in column 1 of the daily living activities table is the number shown in column 3 of the table against whichever of the descriptors set out in column 2 of the table for the activity applies to C under regulation 7.

• (3) Where C has undergone an assessment, C has—

• (a) limited ability to carry out daily living activities where C obtains a score of at least 8 points in relation to daily living activities; and

• (b) severely limited ability to carry out daily living activities where C obtains a score of at least 12 points in relation to daily living activities.

Scoring for mobility activities

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• (1) The score C obtains in relation to mobility activities is determined by adding together the number of points (if any) awarded for each activity listed in column 1 of the table in Part 3 of Schedule 1 (“the mobility activities table”).

• (2) For the purpose of paragraph (1), the number of points awarded to C for each activity listed in column 1 of the mobility activities table is the number shown in column 3 of the table against whichever of the descriptors set out in column 2 of the table for the activity applies to C under regulation 7.

• (3) Where C has undergone an assessment, C has—

• (a) limited ability to carry out mobility activities where C obtains a score of at least 8 points in relation to mobility activities; and

• (b) severely limited ability to carry out mobility activities where C obtains a score of at least 12 points in relation to mobility activities.

Scoring: further provision

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• (1) The descriptor which applies to C in relation to each activity in the tables referred to in regulations 5 and 6 is—

• (a) where one descriptor is satisfied on over 50 per cent. of the days of the required period, that descriptor;

• (b) where two or more descriptors are each satisfied on over 50 per cent. of the days of the required period, the descriptor which scores the higher or highest number of points; and

• (c) where no descriptor is satisfied on over 50 per cent. of the days of the required period but two or more descriptors (other than a descriptor which scores 0 points) are satisfied for periods which, when added together, amount to over 50 per cent. of the days of the required period—

• (i) the descriptor which is satisfied for the greater or greatest proportion of days of the required period, or

• (ii) where both or all descriptors are satisfied for the same proportion, the descriptor which scores the higher or highest number of points.

• (2) For the purposes of paragraph (1) a descriptor is satisfied on a day in the required period if it is likely that, if C had been assessed on that day, C would have satisfied that descriptor.

• (3) In paragraphs (1) and (2), “required period” means—

• (a) in the case where entitlement to personal independence payment falls to be determined, the period of 3 months ending with the prescribed date together with—

• (i) in relation to a claim after an interval for the purpose of regulation 15 or 15A, the period of 9 months beginning with the date on which that claim is made,

• (ii) in relation to any other claim, the period of 9 months beginning with the day after the prescribed date;

• (b) in the case where personal independence payment has been awarded to C—

• (i) during the period of 3 months following a determination of entitlement under a claim for the purpose of regulation 15 or 15A, the period of 3 months ending with the prescribed date together with, for each day of the award, the period of 9 months beginning with the day after that date,

• (ii) in any other case, for each day of the award, the period of 3 months ending with the prescribed date together with the period of 9 months beginning with the day after that date.

Information or evidence required for determining limited or severely limited ability to carry out activities

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• (1) The Department may require C to provide any information or evidence required to determine whether C has limited ability or severely limited ability to carry out daily living activities or mobility activities.

• (2) Where information or evidence is requested under paragraph (1), C must provide the information or evidence to the Department within one month from the date of the request being made or within such longer period as the Department may consider reasonable in the circumstances of the particular case.

• (3) Where C fails without good reason to comply with the request referred to in paragraph (1), a negative determination in relation to the component to which the failure related must be made.

Claimant may be called for a consultation to determine whether the claimant has limited or severely limited ability to carry out activities

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• (1) Where it falls to be determined whether C has limited ability or severely limited ability to carry out daily living activities or mobility activities, C may be required to do either or both of the following—

• (a) attend for and participate in a consultation in person;

• (b) participate in a consultation by telephone or by video.

• (2) Subject to paragraph (3), where C fails without good reason to attend for or participate in a consultation referred to in paragraph (1), a negative determination must be made.

• (3) Paragraph (2) does not apply unless—

• (a) written notice of the date, time and, where applicable, place for the consultation is sent to C at least 7 days in advance; or

• (b) C agrees, whether in writing or otherwise, to accept a shorter period of notice of those matters.

• (4) In paragraph (3), reference to written notice includes notice sent by electronic communication where C has agreed to accept correspondence in that way and “electronic communication” has the meaning given in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001[^f00006].

• (5) In this regulation, a reference to consultation is to a consultation with a person approved by the Department.

Matters to be taken into account in determining good reason in relation to regulations 8 and 9

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The matters to be taken into account in determining whether C has good reason under regulation 8(3) or 9(2) include—

• (a) C’s state of health at the relevant time; and

• (b) the nature of any disability that C has.

Re-determination of ability to carry out activities

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Where it has been determined that C has limited ability or severely limited ability to carry out either or both daily living activities or mobility activities, the Department may, for any reason and at any time, determine afresh in accordance with regulation 4 whether C continues to have such limited ability or severely limited ability.

PART 3 — Required period condition

Required period condition: daily living component

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• (1) C meets the required period condition for the purposes of Article 83(1) where—

• (a) if C had been assessed at every time in the period of 3 months ending with the prescribed date, it is likely that the Department would have determined at that time that C had limited ability to carry out daily living activities; and

• (b) if C were to be assessed at every time in the period of 9 months beginning with the day after the prescribed date, it is likely that the Department would determine at that time that C had limited ability to carry out daily living activities.

• (2) C meets the required period condition for the purposes of Article 83(2) where—

• (a) if C had been assessed at every time in the period of 3 months ending with the prescribed date, it is likely that the Department would have determined at that time that C had severely limited ability to carry out daily living activities; and

• (b) if C were to be assessed at every time in the period of 9 months beginning with the day after the prescribed date, it is likely that the Department would determine at that time that C had severely limited ability to carry out daily living activities.

Required period condition: mobility component

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• (1) C meets the required period condition for the purposes of Article 84(1) where—

• (a) if C had been assessed at every time in the period of 3 months ending with the prescribed date, it is likely that the Department would have determined at that time that C had limited ability to carry out mobility activities; and

• (b) if C were to be assessed at every time in the period of 9 months beginning with the day after the prescribed date, it is likely that the Department would determine at that time that C had limited ability to carry out mobility activities.

• (2) C meets the required period condition for the purposes of Article 84(2) where—

• (a) if C had been assessed at every time in the period of 3 months ending with the prescribed date, it is likely that the Department would have determined at that time that C had severely limited ability to carry out mobility activities; and

• (b) if C were to be assessed at every time in the period of 9 months beginning with the day after the prescribed date, it is likely that the Department would determine at that time that C had severely limited ability to carry out mobility activities.

The prescribed date

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Except where regulation 15(2) or (3) , regulation 15A(2) or (3) or regulation 15B(2) or (3) applies, the prescribed date is—

• (a) where C has made a claim for personal independence payment which has not been determined, the date of that claim or, if later, the earliest date in relation to which, if C had been assessed in relation to C’s ability to carry out daily living activities or, as the case may be, mobility activities, at every time in the previous 3 months, it is likely that the Department would have determined at that time that C had limited ability or, as the case may be, severely limited ability to carry out those activities; and

• (b) where C has an award of either or both components, each day of that award.

The prescribed date: claims for personal independence payment after an interval

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• (1) Paragraphs (2) and (3) apply where—

• (a) C makes a claim for personal independence payment (“the new claim”);

• (b) C had a previous award for personal independence payment or adult disability payment which ended not more than 2 years before the date on which the new claim is made;

• (c) the previous award referred to in sub-paragraph (b) where that award was in respect of personal independence payment or adult disability payment consisted of the same component as the one to which C is entitled (or would be entitled if C met the required period condition) under the new claim; and

• (d) the Department determines that the entitlement under the new claim results from—

• (i) substantially the same physical or mental condition or conditions for which the previous award was made, or

• (ii) a new physical or mental condition which developed as a result of a condition for which the previous award was made.

• (2) In relation to the determination of entitlement under the new claim—

• (a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of personal independence payment or adult disability payment; and

• (b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to the new claim as if, for “the prescribed date” there were substituted “the date on which the new claim for personal independence payment is made”.

• (3) Where C is awarded either or both components under the new claim, in relation to continued entitlement to that component or, as the case may be, those components, for the period of 3 months following the date of the new claim—

• (a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of personal independence payment or adult disability payment; and

• (b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to that award as if, for “the prescribed date” there were substituted “each day of the award”.

• (4) This regulation is subject to regulation 26.

PART 4 — Residence and presence conditions

Conditions relating to residence and presence in Northern Ireland

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