The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013

Prospective

Amendment of the Income Support (General) Regulations 1987 U.K.

11.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1)(2)—

(a) in the appropriate places insert—

““the 2012 Act” means the Welfare Reform Act 2012;”;

““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”; and

(b) in the definition of “the benefits Acts” for “and Part 1 of the Welfare Reform Act” substitute “, Part 1 of the Welfare Reform Act and Part 4 of the 2012 Act”.

(3) In regulation 4 (temporary absence from Great Britain), in paragraph (2)(c)(v)(aa)(3), after “disability living allowance” insert “or the enhanced rate of the daily living component of personal independence payment”.

(4) In paragraph 4 of Schedule 1B (prescribed categories of person: persons caring for another person), in sub-paragraph (a)(4)—

(a) in paragraph (i)(5) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;

(b) in paragraph (iii) after “disability living allowance” insert “or personal independence payment”; and

(c) after paragraph (iiia)(6) insert—

“; or

(iv) the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (advance claim for and award of personal independence payment)(7), an award at the standard or enhanced rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment;”.

(5) In Schedule 2 (applicable amounts)—

(a) in paragraph 7 (premiums), in sub-paragraph (2)(8)—

(i) omit “or” after “attendance allowance,”; and

(ii) after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;

(b) in paragraph 12 (additional condition for the higher pensioner and disability premiums)—

(i) in sub-paragraph (1)(a)(i)(9) after “disability living allowance,” insert “personal independence payment,”; and

(ii) in sub-paragraph (1)(d)(10)—

(aa) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”; and

(bb) in paragraph (i) for “or the Social Security (Disability Living Allowance) Regulations 1991” substitute “, the Social Security (Disability Living Allowance) Regulations 1991 or regulations made under section 86(1) (hospital in-patients) of the 2012 Act”;

(c) in paragraph 13 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i)(11)—

(aa) omit “or” after “attendance allowance,”; and

(bb) after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;

(ii) in sub-paragraph (2)(b)(i)(12)—

(aa) omit “or” after “attendance allowance,”; and

(bb) after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;

(iii) in sub-paragraph (3)(a)(13)—

(aa) omit “or” after “attendance allowance,”; and

(bb) after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;

(iv) after sub-paragraph (3A)(b) insert—

“(c) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.”; and

(v) in paragraph 13A (enhanced disability premium)(14), for sub-paragraph (1) substitute—

“(1) Subject to sub-paragraph (2), the condition is that—

(a) the claimant; or

(b) the claimant’s partner (if any) who is aged less than 60,

is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of that Act; or

(b) the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that Act.”; and

(d) in paragraph 14 (disabled child premium)(15), after sub-paragraph (1)(c) insert—

“; or

(d) a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt provided that the young person continues to be a member of the family”.

(6) In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions)(16)—

(i) omit “or” at the end of sub-paragraph (6)(b)(i);

(ii) after sub-paragraph (6)(b)(ii) insert—

“; or

(iii) the daily living component of personal independence payment”; and

(iii) in sub-paragraph (8)(a), for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 6(17) after “allowance” insert “or the mobility component of personal independence payment”; and

(b) in paragraph 9(18) for “or the care component of disability living allowance” substitute “, the care component of disability living allowance or the daily living component of personal independence payment”.

Commencement Information

I1 Sch. para. 11 in force at 8.4.2013, see reg. 2

(1)

S.I. 1987/1967.

(2)

The definition of “the benefits Acts” was inserted by S.I. 1996/206 and amended by S.I. 2008/1554. There are other amendments to regulation 2(1) which are not relevant to these Regulations.

(3)

Regulation 4(2)(c)(v) was inserted by S.I. 1988/663. There are amendments which are not relevant to these Regulations.

(4)

Schedule 1B was inserted by S.I. 1996/206.

(5)

There are amendments to paragraph 4(a)(i) which are not relevant to these Regulations.

(6)

Paragraph 4(a)(iiia) was amended by S.I. 1996/1517.

(7)

S.I. 2013/380.

(8)

Paragraph 7(2) was inserted by S.I. 1990/1776 and amended by S.I. 1991/2742 and 2002/2497.

(9)

Paragraph 12(1)(a)(i) was amended by S.I. 1991/2742. There are other amendments which are not relevant to these Regulations.

(10)

Paragraph 12(1)(d) was substituted by S.I. 2002/3019 and amended by S.I. 2004/1141. There are other amendments which are not relevant to these Regulations.

(11)

Paragraph 13(2)(a)(i) was amended by S.I. 1991/2742.

(12)

Paragraph 13(2)(b)(i) was amended by S.I. 1991/2742.

(13)

Paragraph 13(3)(a) was amended by S.I. 1991/2742.

(14)

Paragraph 13A was inserted by S.I. 2000/2629. There are amendments which are not relevant to these Regulations.

(15)

Paragraph 14 was substituted by S.I. 2007/719 and amended by S.I 2011/674.

(16)

Schedule 3 was substituted by 1995/1613. There are amendments to paragraph 18 which are not relevant to these Regulations.

(17)

Paragraph 6 was amended by S.I. 1991/2742 and 2008/3157.

(18)

Paragraph 9 was substituted by S.I. 1993/518 and amended by S.I. 2003/1121.