Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

The Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2018

Type Ni-Statutory-Rule

Publication 2018-05-16

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 16th May 2018

Laid before Parliament-: 17th May 2018

Coming into operation: 15th June 2018

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015[^f00002].

Citation and commencement

1

These Regulations may be cited as the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2018 and come into operation on 15th June 2018.

Amendment of the Personal Independence Payment Regulations (Northern Ireland) 2016

2

In the table in Part 3 (mobility activities) of Schedule 1 to the Personal Independence Payment Regulations (Northern Ireland) 2016 [^f00003], in relation to activity 1 (planning and following journeys) in descriptors c, d and f for “For reasons other than psychological distress, cannot” substitute “Cannot”.

Revocation

3

Regulation 2(4) of the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017[^f00004] is revoked.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Sarah Newton — Minister of State — Department for Work and Pensions — 16th May 2018

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations reverse the amendments introduced in Schedule 1 to the Personal Independence Payment Regulations (Northern Ireland) 2016 (S.R. 2016 No. 217) by regulation 2(4) of the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017 No. 69). The corresponding amendments made in Great Britain to the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377) by regulation 2(4) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 (S.I. 2017/194) were found to be ultra vires by a decision of the High Court handed down on 21 December 2017 ([2017] EWHC 3375 (Admin)).

Regulation 2 removes wording relating to the exclusion of psychological distress from descriptors c, d and f (planning or following the route of a journey) in the activity “planning and following journeys” in Part 3 of Schedule 1 (mobility activities).

Regulation 3 makes a consequential revocation to the Personal Independence Payment (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017 No. 69).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: S.I. 2015/2006 (N.I. 1)

[^f00002]: Article 4(1)(a) was amended by Article 4(2)(a) of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1))

[^f00003]: S.R. 2016 No. 217; Part 3 of Schedule 1 was amended by regulation 2(4) of S.R. 2017 No. 69

[^f00004]: S.R. 2017 No. 69

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.