Legislation – Welfare Reform Act 2012
Changes to legislation:
Welfare Reform Act 2012, Section 81 is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Part 4Personal independence payment
Personal independence payment
81Required period condition: further provision
(1)
Regulations under section 80(2) must provide for the question of whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2) to be determined by reference to—
(a)
whether, as respects every time in the previous 3 months, it is likely that 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 9 months, it is likely that if the relevant ability were to be assessed at that time that ability would 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 78(1) or (2), the person’s ability to carry out daily living activities;
(b)
in relation to section 79(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 80;
(b)
“the previous 3 months” means the 3 months ending with the prescribed date;
(c)
“the next 9 months” means the 9 months beginning with the day after that date.
(4)
Regulations under section 80(2) may provide that in prescribed cases the question of whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2)—
(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.