Dla reform and Personal Independence Payment – completing the detailed design



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DLA reform and Personal Independence Payment – completing the detailed design

Public consultation on specific detailed proposals in relation to Personal Independence Payment, Disability Living Allowance, Carer’s Allowance and Attendance Allowance that will further inform the development of secondary legislation.



March 2012




Contents

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


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