The Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016

Made: 29th June 2016

Coming into operation: 20th July 2016

The Department for Communities makes the following Regulations in exercise of the powers conferred on it by Article 137 of the Welfare Reform (Northern Ireland) Order 2015 .

In accordance with Article 137(5) of that Order, a draft of these Regulations has been laid before and approved by a resolution of the Assembly.

PART 1 — INTRODUCTION

Citation and commencement

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• (1) These Regulations may be cited as the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016.

• (2) These Regulations come into operation on 20th July 2016.

Interpretation

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• (1) In these Regulations—

• “the 1998 Order” means the Social Security (Northern Ireland) Order 1998 ;

• “the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

• “the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made;

• “appeal tribunal” means the appeal tribunal constituted under Chapter 1 of Part II of the 1998 Order;

• “award” in relation to disability living allowance, means the award having effect immediately prior to its termination under regulation 17(1) of the Transitional Provisions Regulations;

• “Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more Commissioners constituted under Article 16(7) of the 1998 Order;

• “daily living activities” and “mobility activities” have the same meaning as in Part 5 of the 2015 Order;

• “decision notice” means the decision notice under regulation 53(3) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 ;

• “disability living allowance” means disability living allowance under section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;

• “transfer claimant” has the same meaning as in the Transitional Provisions Regulations;

• “transitional assessment determination” means the determination, under regulation 4 of the Personal Independence Payment Regulations (Northern Ireland) 2016 of a claim for personal independence payment made by a transfer claimant;

• “the Transitional Provisions Regulations” means the Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016 .

• (2) The transition date is the date on which—

• (a) the Department sends a notification to the person in accordance with regulation 3(1) of the Transitional Provisions Regulations inviting the person to make a claim for personal independence payment; or

• (b) the person makes a claim for personal independence payment in accordance with regulation 4 of the Transitional Provisions Regulations.

• (3) Where the date mentioned in regulation 7(2), 12(2) or 20(2) is in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from that date is to be read as a requirement that welfare supplementary payment must not be paid for times on or after that date.

Welfare supplementary payment

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• (1) Welfare supplementary payment is payable in accordance with these Regulations.

• (2) Welfare supplementary payment is payable under either—

• (a) Part 2 (pending appeal against refusal of personal independence payment),

• (b) Part 3 (where personal independence payment is awarded at a lower rate than disability living allowance), or

• (c) Part 4 (in conflict related injury cases where personal independence payment has been refused).

• (3) But a person is not entitled to welfare supplementary payment under more than one Part at a time.

PART 2 — WELFARE SUPPLEMENTARY PAYMENT PENDING APPEAL AGAINST PERSONAL INDEPENDENCE PAYMENT REFUSAL

Eligibility

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• (1) A person is entitled to welfare supplementary payment under this Part if the person meets—

• (a) the disability living allowance entitlement condition;

• (b) the personal independence payment refusal condition, and

• (c) the appeal condition.

• (2) The disability allowance entitlement condition is that the person is in receipt of disability living allowance on the transition date.

• (3) The personal independence payment refusal condition is that following a transitional assessment determination, the person's claim for personal independence payment is refused.

• (4) The appeal condition is that the person has appealed, under Article 13 of the 1998 Order , against the decision refusing personal independence payment.

Amount

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The amount of welfare supplementary payment payable is equal to the amount which was payable to the person under the award of disability living allowance.

Period of payment

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• (1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

• (2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to disability living allowance terminates in accordance with regulation 17(1) of the Transitional Provisions Regulations.

• (3) The period during which welfare supplementary payment is payable ends—

• (a) after the first payment following the date on which the decision notice of the appeal tribunal is received by the Department; or

• (b) on 31st March 2028 ,

whichever is first to occur.

• (4) Where a person is granted leave to make an appeal from a decision of the appeal tribunal to refuse personal independence payment to the Commissioner, the period during which further welfare supplementary payment is payable is set out in paragraphs (5) and (6).

• (5) The period during which further welfare supplementary payment is payable commences on the day following the day that leave to appeal to the Commissioner is granted.

• (6) The period during which further welfare supplementary payment is payable ends—

• (a) after the first payment following the date on which the decision of the Commissioner is received by the Department; or

• (b) on 31st March 2028 ,

whichever is first to occur.

• (7) The provisions of this regulation have effect subject to regulation 6A.

Effect of changes in personal independence payment following revision or supersession of previous decision

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• (1) This regulation applies where—

• (a) a person is receiving welfare supplementary payment, and

• (b) following an event referred to in paragraph (3), the person is awarded personal independence payment.

• (2) Welfare supplementary payment must cease to be paid from the date the decision to award personal independence payment takes effect.

• (3) The events referred to in paragraph (1)(b) are—

• (a) the decision to not award personal independence payment is revised under Article 10 of the 1998 Order,

• (b) the decision to not award personal independence payment is superseded under Article 11 of the 1998 Order .

PART 3 — WELFARE SUPPLEMENTARY PAYMENT WHERE PERSONAL INDEPENDENCE PAYMENT IS AWARDED AT LOWER RATE THAN DISABILITY LIVING ALLOWANCE

Eligibility

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• (1) A person is entitled to welfare supplementary payment under this Part if the person meets—

• (a) the disability living allowance entitlement condition, and

• (b) the lower personal independence payment threshold condition.

• (2) The disability living allowance entitlement condition is that the person is in receipt of disability living allowance on the transition date.

• (3) The lower personal independence payment threshold condition is that—

• (a) following a transitional assessment determination an award of personal independence payment is made to the person,

• (b) the award of personal independence payment is less than the award of disability living allowance payable to the person on the transition date, and

• (c) the difference between these two awards is at least £10 per week.

Eligibility (following termination of welfare supplementary payment under Part 2)

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• (1) A person is entitled to welfare supplementary payment under this Part if the person meets—

• (a) the Part 2 welfare supplementary payment termination condition, and

• (b) the lower personal independence payment threshold on appeal, revision or supersession condition.

• (2) The Part 2 welfare supplementary payment termination condition is that a person's entitlement to welfare supplementary payment under Part 2 terminates—

• (a) following an appeal, in accordance with regulation 6(3)(a) or 6(6)(a), or

• (b) following a revision or supersession, in accordance with regulation 7.

• (3) The lower personal independence payment threshold on appeal, revision or supersession condition is that—

• (a) on the appeal, revision or supersession, an award of personal independence payment is made to the person,

• (b) the award of personal independence payment is less than the award of disability living allowance payable to the person on the transition date, and

• (c) the difference between these two awards is at least £10 per week.

Amount

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• (1) The amount of welfare supplementary payment payable is equal to 75% of the amount by which the award of disability living allowance exceeded the award of personal independence payment.

• (2) Where the amount of welfare supplementary payment would, but for this paragraph, include a fraction of a penny, that fraction must be disregarded.

Period of payment

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• (1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

• (2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to—

• (a) disability living allowance terminates in accordance with regulation 17(1) of the Transitional Provisions Regulations, (in the case of eligibility under regulation 8), or

• (b) welfare supplementary payment under Part 2 terminates (in the case of eligibility under regulation 9).

• (3) The period during which welfare supplementary payment is payable ends—

• (a) one year after the day on which—

• (i) it commences (in the case of eligibility under regulation 8), or

• (ii) welfare supplementary payment under Part 2 commences (in the case of eligibility under regulation 9); or

• (b) on 31st March 2028 ,

whichever is first to occur.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of changes in personal independence payment following revision, appeal or supersession of previous decision

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• (1) This regulation applies where—

• (a) a person is receiving welfare supplementary payment, and

• (b) following an event referred to in paragraph (5), there is a change in the award of personal independence payment to the person.

• (2) If—

• (a) the person is no longer entitled to personal independence payment, or

• (b) the difference between the award of disability living allowance and the award of personal independence payment is no longer at least £10 per week,

then welfare supplementary payment must cease to be paid from the date the decision to change personal independence payment takes effect.

• (3) If personal independence payment is increased, then the amount of welfare supplementary payment payable must be recalculated (under regulation 10) with the new amount of personal independence payment instead of the original amount of personal independence payment, paid from the day after the first payment of welfare supplementary payment following the decision to change personal independence payment.

• (4) If personal independence payment is decreased, then the amount of welfare supplementary payment payable does not change.

• (5) The events referred to in paragraph (1)(b) are—

• (a) the decision to award personal independence payment is revised under Article 10 of the 1998 Order,

• (b) the decision to award personal independence payment is appealed under Article 13 or 15 of the 1998 Order ,

• (c) the decision to award personal independence payment is superseded under Article 11 of the 1998 Order.

PART 4 — WELFARE SUPPLEMENTARY PAYMENT WHERE PERSONAL INDEPENDENCE PAYMENT REFUSED (CONFLICT RELATED CASES)

Eligibility

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• (1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

• (a) the disability living allowance entitlement condition,

• (b) the personal independence payment refusal condition,

• (c) the 4 points on assessment condition, and

• (d) the conflict related injury condition (see regulation 15).

• (2) The disability living allowance entitlement condition is that the person is in receipt of disability living allowance on the transition date.

• (3) The personal independence payment refusal condition is that following a transitional assessment determination, the person's claim for personal independence payment is refused.

• (4) The 4 points on assessment condition is that the person obtained a score of at least 4 points in relation to either the daily living activities' category or the mobility activities' category of the transitional assessment determination.

Eligibility (following termination of welfare supplementary payment under Part 2)

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• (1) A person is entitled to welfare supplementary payment under this Part if the person meets—

• (a) the Part 2 welfare supplementary payment termination condition,

• (b) the disability living allowance entitlement condition,

• (c) the personal independence payment refusal on appeal, revision or supersession condition,

• (d) the 4 points on appeal, revision or supersession condition, and

• (e) the conflict related injury condition (see regulation 15).

• (2) The Part 2 welfare supplementary payment termination condition is that a person's entitlement to welfare supplementary payment under Part 2 terminates—

• (a) following an appeal, in accordance with regulation 6(3)(a) or 6(6)(a), or

• (b) following a revision or supersession, in accordance with regulation 7.

• (3) The personal independence payment refusal on appeal, revision or supersession condition is that following the appeal, revision or supersession, the person's claim for personal independence payment is refused.

• (4) The 4 points on appeal, revision or supersession condition is that the person obtained a score of at least 4 points in relation to either the daily living activities' category or the mobility activities' category on the appeal, revision or supersession.

• (5) The 4 points must have been obtained within one year of the day following the day on which the person's entitlement to disability living allowance terminates in accordance with regulation 17(1) of the Transitional Provisions Regulations.

Meaning of conflict related injury condition

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• (1) The conflict related injury condition is that the person is or has been physically or psychologically injured as a result of, or in consequence of a violent incident in connection with the affairs of Northern Ireland.

• (2) The violent incident must have occurred—

• (a) in or after 1966, and

• (b) before the person's entitlement to disability living allowance terminated in accordance with regulation 17(1) of the Transitional Provisions Regulations.

• (3) Without prejudice to the generality of paragraph (1), a person may be psychologically injured as a result of or in consequence of—

• (a) witnessing a violent incident or the consequences of such an incident; or

• (b) providing medical or other emergency assistance to an individual in connection with a violent incident.

Procedure for establishing eligibility

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• (1) The Department must, of its own initiative, within four weeks of—

• (a) the disability living allowance entitlement condition,

• (b) the personal independence payment refusal condition, and

• (c) the 4 points on assessment condition,

being met in relation to a person, make a request of that person.

• (2) The Department must, of its own initiative, within four weeks of—

• (a) the Part 2 welfare supplementary payment termination condition,

• (b) the disability living allowance entitlement condition,

• (c) the personal independence payment refusal on appeal, revision or supersession condition,

• (d) the 4 points on appeal, revision or supersession condition,

being met in relation to a person, make a request of that person.

• (3) The request under paragraph (1) or (2) must—

• (a) state that the Department will make an award of welfare supplementary payment if the conflict related injury condition is met,

• (b) request that the person submit evidence (or arrange for evidence to be submitted) that the condition is met.

• (4) All evidence submitted must be in the form required by regulation 17.

• (5) Unless it is unreasonable in the circumstances, evidence must be submitted within one calendar month of the day the request is made.

• (6) In determining whether a person meets the conflict related injury condition, the Department may consult with the Commission for Victims and Survivors.

• (7) The Department must consider all evidence and information submitted in accordance with this regulation and regulation 17 and determine if the person is eligible for welfare supplementary payment.

Evidence for establishing conflict related injury condition

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