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Effect of legal detention on payment of the mobility component: 16 and 17 year olds
Where an individual is:
- aged 16 or 17 on the date of transfer,
- was in legal detention immediately before the date of transfer and was entitled to the mobility component of Personal Independence Payment immediately before the date of transfer
entitlement to the mobility component of Adult Disability Payment is to begin before the date of the determination (Adult Disability Payment regs, Schedule 2, Part 3, Para 13(2)).
Legal detention backdating
In cases where the individual is 16 or 17 and in legal detention at the point of case transfer as described above in paragraph 21, their Adult Disability Payment entitlement must be backdated to whichever is the later of (Adult Disability Payment regs, Schedule 2, Part 3, Para 13(3)):
- the date the client met the condition (i.e. when they entered legal detention); or
- 13 June 2022
The amount of Adult Disability Payment they receive for this period should be reduced by the value of the Personal Independence Payment the client was paid for that same period (Adult Disability Payment regs, Schedule 2, Part 3, Para 13(3)).
Example: mobility component due before date of transfer
Paul, aged 17 is in legal detention, with his case transferring from Personal Independence Payment to Adult Disability Payment on 1 September 2022. Paul was awarded the mobility component of Personal Independence Payment on 1 June 2022. He is therefore due payment of the mobility component of Adult Disability Payment from 13 June 2022.
Example: Personal Independence Payment made after Adult Disability Payment mobility component due
Trudi aged 17 is in legal detention and was awarded the mobility component of Personal Independence Payment. Following transfer from Personal Independence Payment to Adult Disability Payment on 15 October 2022, Trudi is now due the mobility component from 15 September 2022 as this is the date she entered legal detention. It has now been established that Trudi remains entitled to but is not paid Personal Independence Payment and therefore no payment was due to be made. She has already received payment of Personal Independence Payment up to and including 14 October 2022. Payment of Adult Disability Payment is due to be made from 15 September 2022 to 14 October 2022. For that period the Adult Disability Payment is to be reduced by the amount of Personal Independence already paid to Trudi for that period.