1. Executive summary 4
1. Executive summary 4
2. Introduction 6
2. Introduction 6
3. Eligibility 7
3. Eligibility 7
A benefit relating to long-term disability – the required period condition 7
Re-claiming the benefit – linking rules 8
Children 9
Claims from young people at age 16 10
Residence and presence rules 11
Temporary absences abroad 13
4. Payability of the benefit 15
4. Payability of the benefit 15
4.1This chapter sets out how the payment of benefit is envisaged to operate for certain groups of people. This includes proposed provisions relating to payment of benefit for care home residents, hospital in-patients, and those undergoing legal detention. It also sets out the proposed approach relating to entitlement to benefit in respect of those people who reach the upper age limit (age 65 or state pension age, whichever is higher). Personal Independence Payment benefit rates have not been set and have not been included in this consultation document. The rates of Personal Independence Payment will be in regulations and will be announced following the Autumn Statement 2012. 15
Upper age limit – entitlement to Personal Independence Payment 15
Hospital and care home residents 16
Changes to certain Disability Living Allowance and Attendance Allowance rules 18
Prisoners 19
5. Reassessing existing Disability Living Allowance claims 22
5. Reassessing existing Disability Living Allowance claims 22
Who will be reassessed 22
Timetable for reassessment 23
Information requirements: what people need to provide and when 23
When payment of Disability Living Allowance will stop and Personal Independence Payment will commence 25
6. Award durations and reviews 27
6. Award durations and reviews 27
7. Passporting arrangements 28
7. Passporting arrangements 28
DWP benefits and schemes 28
Non-DWP schemes and benefits 30
8. Changes to Residence and Presence conditions in Disability Living Allowance, Attendance Allowance and Carer’s Allowance 32
8. Changes to Residence and Presence conditions in Disability Living Allowance, Attendance Allowance and Carer’s Allowance 32
Residence and Past Presence Tests 33
Temporary Absences Abroad 33
9. Impact assessment 34
9. Impact assessment 34
Overview of potential equality impacts 34
10. About this consultation 38
10. About this consultation 38
Audience, purpose and scope 38
Consultation arrangements 38
Annex 1 – Consultation questions 42
Annex 1 – Consultation questions 42
Chapter 3 questions – Eligibility 42
Chapter 4 questions – Payability of Benefit 42
Chapter 5 questions – Reassessing existing DLA claims 43
Chapter 8 questions – Residence and past presence tests 43
Chapter 9 questions – Impact assessment 44