The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013

Amendment of the Income Support (General) Regulations 1987

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

(2) In regulation 2 (interpretation), in paragraph (1)(2), at the appropriate place insert—

““armed forces independence payment’’ means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;”.

(3) In regulation 4(2)(c)(v)(aa) (temporary absence from Great Britain)(3), after “disability living allowance” insert “, armed forces independence payment”.

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

(a) in sub-paragraph (i) 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 “, armed forces independence payment, 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”; and

(b) in sub-paragraph (iii) after “disability living allowance” insert “, armed forces independence payment”.

(5) In Schedule 2 (applicable amounts)—

(a) in paragraph 7(2) (premiums)(5), after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(b) in paragraph 12 (additional condition for the higher pensioner and disability premiums) (6) in sub-paragraph (1)(a)(i), after “disability living allowance,” insert “armed forces independence payment,”;

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

(i) in sub-paragraph (2)(a)(i)(7), after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(ii) in sub-paragraph (2)(b)(i)(8), after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(iii) in sub-paragraph (3)(a)(9), after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.

(d) in paragraph 13A (enhanced disability premium), for sub-paragraphs (1) and (1ZA)(10), substitute—

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

(a) the claimant; or

(b) the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,

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

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

(a) armed forces independence payment is payable to that person;

(b) 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 hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; or

(c) 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.”.

(e) in paragraph 14 (disabled child premium)(11), after sub-paragraph (1)(d) insert—

“; or

(e) in receipt of armed forces independence payment.”.

(6) In Schedule 3 (housing costs: non-dependent deductions)(12), paragraph 18—

(i) omit “or” after sub-paragraph (6)(b)(ii);

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

“or

(iv) armed forces independence payment.”; and

(iii) in sub-paragraph (8)(a) after “personal independence payment” insert “or armed forces independence payment”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 76 insert—

“76A.   Armed forces independence payment”.

(1)

S.I. 1987/1967 as amended by S.I. 2013/388.

(2)

The definition of “the benefit 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 this Order.

(3)

Regulation 4(2)(c)(v) was inserted by S.I. 1988/663 and substituted by S.I. 1995/482. There are other amendments to regulation 4(2) which are not relevant to this Order.

(4)

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

(5)

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

(6)

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

(7)

Paragraph 13(2)(a)(i) was amended by S.I. 1991/2742 and 2013/388.

(8)

Paragraph 13(2)(b)(i) was amended by S.I. 1991/2742 and 2013/388.

(9)

Paragraph 13(3)(a) was amended by S.I. 1991/2742 and 2013/388.

(10)

Sub-paragraphs (1) and (1ZA) were substituted by S.I. 2013/388.

(11)

Paragraph 14 was substituted by S.I. 2007/719 and sub-paragraph (1)(a) was amended by S.I 2011/674.

(12)

Paragraph 18 was amended by S.I. 1995/2927, 1996/2518, 1997/827, 1999/3178, 2000/440, 2003/1195, 2004/2327, 2005/3360, 2006/217, 2008/2428, 2008/2767, 2009/497, 2010/641, 2010/793 and 2011/2425.