Citation, commencement and extent

1.-(1) These Regulations may be cited as the Personal Independence Payment (Transitional Provisions) Amendment (Scotland) Regulations 2020, and come into force on 1 September 2020.

(2) These Regulations extend to Scotland.

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

2.-(1) The Personal Independence Payment (Transitional Provisions) Regulations 2013(2) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 3-

(a)in paragraph (3), after "paragraphs" insert "(3ZA),",

(b)after paragraph (3) insert-

"(3ZA) The Scottish Ministers(3) must not send a notification under paragraph (1) to a DLA entitled person who-

(a)reaches the age of 16 on or after 1 September 2020, and

(b)is resident in Scotland,

until the person reaches the age of 18, after which the Scottish Ministers must send a notification under paragraph (1) to that person as soon as reasonably practicable.",

(c)in paragraph (4), for "Paragraph (3) does" substitute "Paragraphs (3) and (3ZA) do",

(d)in paragraph (4A) for "paragraph (3)" in both places where it appears substitute "paragraphs (3) or (3ZA)".

(3) After regulation 4, insert-

"Claims by persons entitled to disability living allowance for personal independence payment upon becoming resident in Scotland

4A.-(1) Paragraphs (2) to (4) apply where a DLA entitled person who reaches the age of 16 on or after 1 September 2020-

(a)has been sent a notification under regulation 3(1) whilst resident in England or Wales, and

(b)becomes resident in Scotland before an assessment determination is made.

(2) From the date on which the person becomes resident in Scotland-

(a)the notification sent under regulation 3(1) ceases to have effect,

(b)regulations 8 to 11 are of no effect in respect of that notification,

(c)regulations 3(3ZA) and 18A apply in respect of the person, and

(d)for the purposes of regulation 4, the person is treated as though they have not been sent a notification under regulation 3(1).

(3) If the person described in paragraph (1) has made a claim for personal independence payment-

(a)for the avoidance of doubt, nothing in paragraph (2) affects the validity of a claim for personal independence payment that has been made in pursuance of the notification,

(b)the claim will continue towards an assessment determination, unless it is withdrawn under regulation 31 (withdrawal of claim) of the Claims and Payments Regulations.

(4) If the person described in paragraph (1) has made a claim for personal independence payment in pursuance of the notification, and then withdraws their claim under regulation 31 (withdrawal of claim) of the Claims and Payments Regulations before an assessment determination is made, regulation 15 does not apply in respect of that withdrawal.".

(4) In regulation 18(1), for "Where" substitute "Subject to regulation 18A, where".

(5) After regulation 18, insert-

"Extension of certain fixed term period awards of disability living allowance for persons resident in Scotland reaching 16

18A.-(1) Where there is an award of disability living allowance to a DLA entitled person and-

(a)the award is of-

(i)both components and the award in respect of either or both is for a fixed term period, or

(ii)one component only and for a fixed term period,

(b)the person reaches the age of 16 on or after 1 September 2020,

(c)the fixed term period will expire in the period starting with the day before the person reaches the age of 16 and ending with the day before the person reaches the age of 18, and

(d)the person is resident in Scotland,

the fixed term period shall be extended.

(2) A fixed term period extended under paragraph (1) shall expire on the day before the person reaches 18 years and 6 months, or where these Regulations have the effect that the person's entitlement to disability living allowance terminates on an earlier day, on that  day.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Personal Independence Payment (Transitional Provisions) Regulations 2013 (S.I. 2013/387) ("the 2013 Regulations"). In particular, provision is made to insert a new regulation 18A. This makes provision for DLA entitled persons who are in receipt of a fixed term award, reach the age of 16 on or after 1 September 2020, and are resident in Scotland. Where the fixed term period will expire within the period starting with the day before the person reaches the age of 16 and ending with the day before the person reaches the age of 18, the fixed term period is extended and shall instead expire on the day before the person reaches 18 years and 6 months, or where the 2013 Regulations have the effect that the person's entitlement to disability living allowance terminates on an earlier day, on that day. This extension applies whether the person was resident in Scotland at the time they turned 16 or becomes resident in Scotland after this time.

These Regulations also insert a new paragraph (3ZA) into regulation 3 of the 2013 Regulations. This provides that Scottish Ministers must not send a notification inviting persons entitled to Disability Living Allowance (DLA) and resident in Scotland to apply for Personal Independence Payment (PIP) until they reach the age of 18, after which point the Scottish Ministers must send them a notification inviting them to make a claim for PIP as soon as reasonably practicable. This applies whether or not the person was resident in Scotland at the time they turned 16 or becomes resident in Scotland after this time.

These Regulations insert regulation 4A into the 2013 Regulations, which makes provision for persons entitled to DLA, who have reached the age of 16 on or after 1 September 2020 whilst resident in England and Wales, and have been sent a notification inviting them to claim PIP whilst still resident in England and Wales, before then becoming resident in Scotland in advance of any assessment determination being made. Firstly, regulation 4A provides that from the date on which the person becomes resident in Scotland, the notification they received ceases to have effect, and regulations 8-11 of the 2013 Regulations are of no effect in relation to that notification. Provision is also made to ensure that, like others resident in Scotland, they will receive a new notification inviting them to claim PIP once they reach they age of 18. They are also to be treated, for the purpose of regulation 4 of the 2013 Regulations, as though they have never received any notification inviting them to transfer to PIP. As a result, they may elect to make a voluntary application for PIP in terms of regulation 4.

Provision is also made within regulation 4A for situations where a person who becomes resident in Scotland has already made claim for PIP following notification. Any such claim will continue towards an assessment determination in terms of regulation 4 of the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377), unless the person chooses to withdraw their claim under section 31 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (S.I. 2013/380) ("the Claims and Payments Regulations").

If the person does choose to withdraw their claim under section 31 of the Claims and Payments Regulations, then regulation 15 of the 2013 Regulations will not have effect in relation to that withdrawal. As a result, they will continue to be able to receive any payments for DLA to which they are entitled.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government, Directorate for Social Security, Victoria Quay, Edinburgh and online at www.legislation.gov.uk .