Commentary on Sections Social Security Contributions and Benefits Act 1992
411.Paragraph 4 amends section 30B in relation to the benefit rate for incapacity benefit. This currently provides that those who terminally ill or in receipt of the highest rate of the care component of disability living allowance are entitled to a particular rate of incapacity benefit. The amendment extends this provision to include personal independence payment at a rate to be designated by regulations.
412.Paragraph 5 amends section 64 to provide that entitlement to attendance allowance is not permitted where a person is entitled to personal independence payment so that a person does not become entitled to both benefits.
413.Disability living allowance is a qualifying benefit for the purpose of eligibility for a Christmas bonus. Paragraph 6 amends section 150 so as to make personal independence payment a qualifying benefit for that purpose.