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Fluctuating conditions

A descriptor can apply if satisfied on over 50 per cent of the days in the required period. There are special rules if more than one descriptor in an Activity applies.

Legislation

The rules relating to fluctuating conditions are in regulations.

Regulation 7 of the main PIP regulations provides that the descriptor which applies to the claimant in relation to each activity is -

  1. where one descriptor is satisfied on over 50 per cent of the days of the required period, that descriptor;
  2. where two or more descriptors are each satisfied on over 50 per cent of the days of the required period, the descriptor which scores the higher or highest number of points; and
  3. where no descriptor is satisfied on over 50 per cent of the days of the required period but two or more descriptors (other than a descriptor which scores 0 points) are satisfied for periods which, when added together, amount to over 50 per cent of the days of the required period - (i) the descriptor which is satisfied for the greater or greatest proportion of days of the required period; or (ii) where both or all descriptors are satisfied for the same proportion, the descriptor which scores the higher or highest number of points.

NB – for the purposes of regulation 7, the "required period" is a period beginning 3 months before, and ending 9 months after, the date of claim or change of circumstances.

Source: Regulation 7 of the Social Security (Personal Independence Payment) Regulations 2013 (SI.No.377/2013), and regulation 7 of SR.No.217/2016 in Northern Ireland.

See also the Personal Independence Payment assessment guide for assessment providers (part 2).

NB - in Scotland, adult disability payment is replacing personal independence payment and the rules relating to fluctuating conditions are found in regulation 10 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (SSI.No.54/2022).

Case law

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