Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 288 (AAC)

Fecha: 16-May-2022

E. The legislation

E.The legislation

11.

Section 83 of the Welfare Reform Act 2012 provides:

83.

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—

(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.

12.

Section 83(3) allows for exceptions and refers to regulations. The exceptions are contained in the Social Security (Personal Independence Payment) Regulations 2013(SI No 377). Only two are relevant to this case:

25.

Exceptions to section 83 where entitlement exists or claim made before relevant age

Section 83(1) of the Act (persons of pensionable age) does not apply where C has reached the relevant age if C —

(a)

was entitled to an award of either or both components on the day preceding the day on which C reached the relevant age; or

(b)

made a claim for personal independence payment before reaching the relevant age and that claim was not determined before C reached that age but an award of either or both components would be made in respect of C but for section 83(1) of the Act.

27.

Revision and supersession of an award after the person has reached the relevant age

(1)

Subject to paragraph (2), section 83(1) of the Act (persons of pensionable age) does not apply where —

(a)

C has reached the relevant age and is entitled to an award (‘the original award’) of either or both components pursuant to an exception in regulation 25 or 26; and

(b)

that award falls to be revised or superseded.

(2)

Where the original award includes an award of the mobility component and is superseded—

(a)

pursuant to regulation 23 of the Decisions and Appeals Regulations for a relevant change of circumstances which occurred after C reached the relevant age; or

(b)

pursuant to regulation 26(1)(a) of the Decisions and Appeals Regulations where—

(i)

the application for supersession was made by C after C reached the relevant age, or

(ii)

the supersession proceedings were initiated by the Secretary of State after C reached the relevant age,

the restrictions in paragraph (3) apply in relation to the supersession.

(2A) In paragraph (2), ‘the Decisions and Appeals Regulations’ means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013.

(3)

The restrictions referred to in paragraph (2) are —

(a)

where the original mobility component award is for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Secretary of State -

(i)

may only make an award for the standard rate of that component; and

(ii)

may only make such an award where entitlement results from substantially the same condition or conditions for which the mobility component in the original award was made.

(b)

where the original mobility component award is for the enhanced rate, the Secretary of State may only award that rate of that component where entitlement results from substantially the same condition or conditions for which the mobility award was made.

(4)

Where the original award does not include an award of the mobility component but C had a previous award of that component, for the purpose of this regulation entitlement under that previous award is to be treated as if it were under the original award provided that the entitlement under the previous award ceased no more than 1 year prior to the date on which the supersession takes or would take effect.