The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021

Article 13

SCHEDULE 6 Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006: general

1.  The Housing Benefit Regulations (Northern Ireland) 2006 are amended as follows.

Amendment of regulation 2 (interpretation)

2.  In regulation 2(1)—

(a) after the definition of “child”, insert—

““child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;”;

(b) in the definition of “child who cannot share a bedroom”, for paragraph (a) substitute—

“(a) who is entitled to—

(i) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

(ii) the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; and”;

(c) after the definition of “course of study”, insert—

““the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”;

(d) in the definition of “member of a couple who cannot share a bedroom”, after paragraph (a)(ii), insert—

“(iia) the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;”;

(e) in the definition of “person who requires overnight care”, in paragraph (a)—

(i) at the end of sub-paragraph (ii) substitute “;” for “,”

(ii) after sub-paragraph (ii), insert—

“(iiza) is in receipt of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;”;

(iii) in sub-paragraph (iii), after “(iia)” substitute “or” where it first occurs with “,” and insert “or (iiza)”.

Amendment of regulation 25 (treatment of child care charges)

3.  In regulation 25—

(a) in paragraph (11)(d), after head (viii), insert—

“(ix) child disability payment;”;

(b) in paragraph (13), after sub-paragraph (a), insert—

“(aa) in respect of whom child disability payment is payable;”.

Amendment of regulation 72 (non-dependent deductions)

4.  In regulation 72—

(a) in paragraph (6)(b), after head (ii), omit the “or” and insert—

“(iia) the care component of child disability payment, or”;

(b) in paragraph (9)(a), after “disability living allowance” insert “, child disability payment”.

Amendment of regulation 73F (exception to the benefit cap: receipt of specified benefits)

5.  In regulation 73F(1), after sub-paragraph (e), insert—

“(eza) the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving child disability payment;”.

Amendment of Part III of Schedule 4 (applicable amounts: premiums)

6.—(1) Part III of Schedule 4 is amended as follows.

(2) In paragraph 7(2), after “the Act”, insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations”.

(3) In paragraph 13(1)(a)(i), after “disability living allowance”, insert “, child disability payment”;

(4) In paragraph 14—

(a) in sub-paragraph (2)—

(i) in head (a)(i), after “the Act”, insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations”;

(ii) in head (b)(i), after “the Act”, insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations”;

(b) in sub-paragraph (4)(a), after “the Act”, insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations”.

(5) In paragraph 15(1), after paragraph (b), insert—

“(ba) the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations in respect of—

(i) the claimant; or

(ii) a member of the claimant’s family; or”.

(6) In paragraph 16, after sub-paragraph (a), insert—

“(aa) is in receipt of child disability payment; or”.