Welfare Reform Act 2012

Commentary on Sections

Part 4: Personal independence payment

Section 81: Required period condition: further provision

383.Section 81 makes further provision about the making of regulations to determine whether a person meets the required period condition. The required period condition will generally be that it is likely that the individual would have met the condition of limited or severely limited ability to carry out daily living activities or (as the case may be) mobility activities during the three months before the date they would become entitled (the qualifying period) and that there is an expectation that they will meet that condition for a further nine months following that date (the prospective test). The qualifying period can include a period before the claim is made.

384.It is intended that the required period condition must be met both when a claim is made and at any review; this will be set out in regulations.

385.Subsection (4) allows for the required period condition to be altered in certain cases, for instance to allow the qualifying period to be disapplied where there has been a short break in entitlement.