Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill


Welfare Reform Bill
Part 4 — Personal independence payment

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78      

Mobility component

(1)   

A person is entitled to the mobility component at the standard rate if—

(a)   

the person is of or over the age prescribed for the purposes of this

subsection;

(b)   

the person’s ability to carry out mobility activities is limited by the

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person’s physical or mental condition; and

(c)   

the person meets the required period condition.

(2)   

A person is entitled to the mobility component at the enhanced rate if—

(a)   

the person is of or over the age prescribed for the purposes of this

subsection;

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(b)   

the person’s ability to carry out mobility activities is severely limited by

the person’s physical or mental condition; and

(c)   

the person meets the required period condition.

(3)   

In this section, in relation to the mobility component—

(a)   

“the standard rate” means such weekly rate as may be prescribed;

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(b)   

“the enhanced rate” means such weekly rate as may be prescribed.

(4)   

In this Part “mobility activities” means such activities as may be prescribed for

the purposes of this section.

(5)   

See sections 79 and 80 for provision about determining—

(a)   

whether the requirements of subsection (1)(b) or (2)(b) above are met;

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(b)   

whether a person meets “the required period condition” for the

purposes of subsection (1)(c) or (2)(c) above.

(6)   

This section is subject to the provisions of this Part, or regulations under it,

relating to entitlement to the mobility component (see in particular sections 81

and 82).

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(7)   

Regulations may provide that a person is not entitled to the mobility

component for a period (even though the requirements in subsection (1) or (2)

are met) in prescribed circumstances where the person’s condition is such that

during all or most of the period the person is unlikely to benefit from enhanced

mobility.

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79      

Ability to carry out daily living activities or mobility activities

(1)   

For the purposes of this Part, the following questions are to be determined in

accordance with regulations—

(a)   

whether a person’s ability to carry out daily living activities is limited

by the person’s physical or mental condition;

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(b)   

whether a person’s ability to carry out daily living activities is severely

limited by the person’s physical or mental condition;

(c)   

whether a person’s ability to carry out mobility activities is limited by

the person’s physical or mental condition;

(d)   

whether a person’s ability to carry out mobility activities is severely

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limited by the person’s physical or mental condition.

(2)   

Regulations must make provision for determining, for the purposes of each of

sections 77(1) and (2) and 78(1) and (2), whether a person meets “the required

period condition” (see further section 80).

(3)   

Regulations under this section—

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(a)   

must provide for the questions mentioned in subsections (1) and (2) to

be determined, except in prescribed circumstances, on the basis of an

assessment (or repeated assessments) of the person;

(b)   

must provide for the way in which an assessment is to be carried out;

(c)   

may make provision about matters which are, or are not, to be taken

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into account in assessing a person.

(4)   

The regulations may, in particular, make provision—

(a)   

about the information or evidence required for the purpose of

determining the questions mentioned in subsections (1) and (2);

(b)   

about the way in which that information or evidence is to be provided;

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(c)   

requiring a person to participate in such a consultation, with a person

approved by the Secretary of State, as may be determined under the

regulations (and to attend for the consultation at a place, date and time

determined under the regulations).

(5)   

The regulations may include provision—

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(a)   

for a negative determination to be treated as made if a person fails

without a good reason to comply with a requirement imposed under

subsection (4);

(b)   

about what does or does not constitute a good reason for such a failure;

(c)   

about matters which are, or are not, to be taken into account in

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determining whether a person has a good reason for such a failure.

(6)   

In subsection (5)(a) a “negative determination” means a determination that a

person does not meet the requirements of—

(a)   

section 77(1)(a) and (b) or (2)(a) and (b) (daily living component);

(b)   

section 78(1)(a) to (c) or (2)(a) to (c) (mobility component).

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80      

Required period condition: further provision

(1)   

Regulations under section 79(2) must provide for the question of whether a

person meets “the required period condition” for the purposes of section 77(1)

or (2) or 78(1) or (2) to be determined by reference to—

(a)   

whether, as respects every time in the previous 6 months, it is likely that

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if the relevant ability had been assessed at that time that ability would

have been determined to be limited or (as the case may be) severely

limited by the person’s physical or mental condition; and

(b)   

whether, as respects every time in the next 6 months, it is likely that if

the relevant ability were to be assessed at that time that ability would

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be determined to be limited or (as the case may be) severely limited by

the person’s physical or mental condition.

(2)   

In subsection (1) “the relevant ability” means—

(a)   

in relation to section 77(1) or (2), the person’s ability to carry out daily

living activities;

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(b)   

in relation to section 78(1) or (2), the person’s ability to carry out

mobility activities.

(3)   

In subsection (1)—

(a)   

“assessed” means assessed in accordance with regulations under

section 79;

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(b)   

“the previous 6 months” means the 6 months ending with the

prescribed date;

 
 

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(c)   

“the next 6 months” means the 6 months beginning with the day after

that date.

(4)   

Regulations under section 79(2) may provide that in prescribed cases the

question of whether a person meets “the required period condition” for the

purposes of section 77(1) or (2) or 78(1) or (2)—

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(a)   

is not to be determined in accordance with the provision made by

virtue of subsections (1) to (3) above;

(b)   

is to be determined in accordance with provision made in relation to

those cases by the regulations.

Entitlement and payability: further provision

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81      

Terminal illness

(1)   

This section applies to a person who—

(a)   

is terminally ill; and

(b)   

has made a claim for personal independence payment expressly on the

ground of terminal illness.

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(2)   

A person to whom this section applies is entitled to the daily living component

at the enhanced rate (and accordingly section 77(1) and (2) do not apply to such

a person).

(3)   

Section 78(1)(c) and (2)(c) (required period condition for mobility component)

do not apply to a person to whom this section applies.

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(4)   

For the purposes of this section a person is “terminally ill” at any time if at that

time the person suffers from a progressive disease and the person’s death in

consequence of that disease can reasonably be expected within 6 months.

(5)   

For the purposes of this section, where—

(a)   

a person purports to make a claim for personal independence payment

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on behalf of another, and

(b)   

the claim is made expressly on the ground that the person on whose

behalf it purports to be made is terminally ill,

   

that person is to be regarded as making the claim despite its being made

without that person’s knowledge or authority.

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(6)   

In subsection (2) “the enhanced rate” has the meaning given by section 77(3).

82      

Persons of pensionable age

(1)   

A person is not entitled to the daily living component or the mobility

component for any period after the person reaches the relevant age.

(2)   

In subsection (1) “the relevant age” means—

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(a)   

pensionable age (within the meaning given by the rules in paragraph 1

of Schedule 4 to the Pensions Act 1995); or

(b)   

if higher, 65.

(3)   

Subsection (1) is subject to such exceptions as may be provided by regulations.

 
 

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83      

No entitlement to daily living component where UK is not competent state

(1)   

A person to whom a relevant EU Regulation applies is not entitled to the daily

living component for a period unless during that period the United Kingdom

is competent for payment of sickness benefits in cash to the person for the

purposes of Chapter 1 of Title III of the Regulation in question.

5

(2)   

Each of the following is a “relevant EU Regulation” for the purposes of this

section—

(a)   

Council Regulation (EC) No 1408/71 of 14 June 1971 on the application

of social security schemes to employed persons, to self-employed

persons and to members of their families moving within the

10

Community;

(b)   

Regulation (EC) No 883/2004 of the European Parliament and of the

Council of 29 April 2004 on the coordination of social security systems.

84      

Persons receiving certain services

(1)   

Regulations may provide as mentioned in either or both of the following

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paragraphs—

(a)   

that no amount in respect of personal independence payment which is

attributable to entitlement to the daily living component is payable in

respect of a person for a period when the person meets the condition in

subsection (2);

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(b)   

that no amount in respect of personal independence payment which is

attributable to entitlement to the mobility component is payable in

respect of a person for a period when the person meets the condition in

subsection (2).

(2)   

The condition is that the person is an in-patient of a hospital or similar

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institution, or a resident of a care home, in circumstances in which any of the

costs of any qualifying services provided for the person are borne out of public

or local funds by virtue of a specified enactment.

(3)   

In this section “care home” means an establishment that provides

accommodation together with nursing or personal care.

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(4)   

The following are “qualifying services” for the purposes of subsection (2)—

(a)   

medical or other treatment which the person is undergoing as an in-

patient;

(b)   

accommodation;

(c)   

board;

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(d)   

personal care;

(e)   

such other services as may be prescribed.

(5)   

The reference in subsection (2) to a “specified enactment” is to an enactment

which is specified for the purposes of that subsection by regulations or is of a

description so specified.

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(6)   

The power to specify an enactment for the purposes of subsection (2) includes

power to specify it only in relation to its application for a particular purpose.

(7)   

In this section “enactment” includes an enactment comprised in an Act of the

Scottish Parliament or in an instrument made under such an Act.

 
 

 
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Revised 29 November 2011