Commentary on Sections Part 4: Personal independence payment Section 88: Claims, awards and information
403.Subsection (1) of section 88 sets out that a person cannot establish entitlement to personal independence payment for a period before they make or are treated as making a claim.
404.Subsections (2) and (3) set out that an award of personal independence payment will normally be for a fixed period except where the person making the award considers that a fixed term award would be inappropriate (in which case an award would be made for an indefinite period). The person making the award is required to have regard to guidance issued by the Secretary of State in deciding on the appropriateness or otherwise of a fixed term award. A fixed or indefinite period award applies to the benefit as a whole rather than to either component of it.
405.Subsection (4) ensures that all information supplied for the purposes of personal independence payment is social security information for the purposes of data-sharing. This subsection covers, for example, medical information relating to a claimant.