The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations

26.—(1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1)(2) (interpretation)—

(a) after the definition of “pensionable age” insert—

““personal independence payment” means personal independence payment under Part 5 of the 2015 Order;”; and

(b) after the definition of “the 1992 Act” insert—

““the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;”.

(3) In regulation 20(3) (treatment of child care charges)—

(a) after paragraph (3)(d)(vii) add—

“(viii) personal independence payment;”;

(b) omit “or” at the end of paragraph (3)(f);

(c) after paragraph (3)(g) add—

“or

(h) personal independence payment would be payable but for regulations under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order.”;

and

(d) after paragraph (8)(b)(iv) add—

“(v) in respect of whom personal independence payment is payable, or would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be payable.”.

(4) In Schedule 1(4) (applicable amounts)—

(a) in paragraph 12 (additional condition for the higher pensioner and disability premiums) after sub-paragraph (1)(a)(v) insert—

“(vi) is in receipt of personal independence payment or would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt; or”;

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

(i) in sub-paragraph (2)(a)(i) for “or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”,

(ii) in sub-paragraph (2)(b)(i) for “or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”,

(iii) after sub-paragraph (4)(b) add—

“or

(c) the daily living component of personal independence payment if he would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt.”,

(iv) in sub-paragraph (5) omit “either”,

(v) in sub-paragraph (5)(a) omit “or” at the end, and

(vi) after sub-paragraph (5)(b) add—

“or

(c) a person receiving the daily living component of personal independence payment.”;

(c) in paragraph 14 (enhanced disability premium) for sub-paragraph (1) substitute—

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

(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 1992 Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the 1992 Act;

(b) armed forces independence payment is payable; or

(c) the daily living component of personal independence payment is payable, or but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, would be payable, at the enhanced rate prescribed under Article 83(2) of the 2015 Order,

in respect of the relevant person or a member of the relevant person’s family, who is aged less than 60.”;

(d) after paragraph 15(1)(c) (disabled child premium) add—

“or

(d) is a young person who is in receipt of personal independence payment or who would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt, provided that the young person continues to be a member of the family.”; and

(e) in paragraph 16(2)(b) (carer premium) for “or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act” substitute “, the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”.

(5) In Schedule 1A(5) (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit)—

(a) in paragraph 7 (severe disability premium)—

(i) in sub-paragraph (2)(a)(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 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”,

(ii) in sub-paragraph (2)(b)(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 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment prescribed in accordance with Article 83(3) of the 2015 Order at the standard or enhanced rate”,

(iii) at the end of sub-paragraph (5)(a) omit “or”, and

(iv) after sub-paragraph (5)(b) add—

“or

(c) a person receiving the daily living component of personal independence payment prescribed in accordance with Article 83 of the 2015 Order at the standard or enhanced rate, if he would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt.”;

(b) for paragraph 8 (enhanced disability premium) substitute—

“Enhanced disability premium

8.   The condition is that—

(a) in respect of a child or young person who is a member of the relevant person’s family—

(i) the care component of disability living allowance is, or would be, but for a suspension of benefit in accordance with regulations under section 113(2) of the 1992 Act or an abatement as a consequence of hospitalisation, payable at the highest rate prescribed under section 72(3) of that Act, or

(ii) the daily living component of personal independence payment is, or would be, but for regulations under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, payable at the enhanced rate under Article 83(2) of that Order; or

(b) armed forces independence payment is payable in respect of a young person who is a member of the relevant person’s family.”; and

(c) in paragraph 9 (disabled child premium), after sub-paragraph (c) add—

“or

(d) is a young person who is in receipt of personal independence payment or who would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt, provided that the young person continues to be a member of the family.”.

(6) In paragraph 5(6) of Schedule 3 (sums to be disregarded in the determination of income other than earnings) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(1)

S.R. 2004 No. 8; relevant amending Rules are S.R. 2005 No. 520, S.R. 2006 Nos. 407 and 452, S.R. 2007 No. 382, S.I. 2013/3021 and S.R. 2015 No. 411

(2)

Regulation 2(1) was amended by paragraph 19 of the Schedule to S.R. 2005 No. 520, paragraph 12(2)(b) of Schedule 2 to S.R. 2006 No. 407, regulation 5 of S.R. 2006 No. 452, regulation 6(2) of S.R. 2007 No. 382 and Article 24(2) of S.I. 2013/3021

(3)

Regulation 20 was amended by regulation 14 of S.R. 2006 No. 452 and Article 24(3) of S.I. 2013/3021

(4)

Schedule 1 was amended by regulation 19 of S.R. 2006 No. 452, Article 24(4) of S.I. 2013/3021 and regulation 20(2) of S.R. 2015 No. 411

(5)

Schedule 1A was inserted by regulation 3(3) of S.R. 2006 No. 452 and amended by Article 24(5) of S.I. 2013/3021

(6)

Paragraph 5 was amended by Article 24(6) of S.I. 2013/3021