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

Amendment of the State Pension Credit Regulations

25.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(1) are amended in accordance with paragraphs (2) to (8).

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

(a) after the definition of “the 1972 Order” insert—

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

(b) after the definition of “pension fund holder”(2) insert—

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

(3) In regulation 15(1) (income for the purposes of the Act) after sub-paragraph (aa)(3) insert—

“(ab) personal independence payment;”.

(4) In Schedule 1—

(a) in paragraph 1(4)(severe disablement)—

(i) in sub-paragraph (1)(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 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 Article 83(3) of the 2015 Order”,

(ii) in sub-paragraph (1)(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 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 Article 83(3) of the 2015 Order”,

(iii) in sub-paragraph (1)(c)(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 “, 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 Article 83(3) of the 2015 Order”,

(iv) in sub-paragraph (2)(a) for “or, as the case may be, 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 Article 83(3) of the 2015 Order”, and

(v) after sub-paragraph (2)(b) insert—

“(ba) for the purposes of sub-paragraph (1)(b) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order if he would, but for regulations made under Article 91(1) of that Order (hospital in-patients), be so in receipt;”; and

(b) in paragraph 2(2)(a)(5) (persons residing with the claimant whose presence is ignored) 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 Article 83(3) of the 2015 Order”.

(5) In Schedule 2 (housing costs)—

(a) in paragraph 1(2) (housing costs) in paragraph (b)(ia) of the definition of “disabled person”(6) at the start insert “is a person in respect of whom personal independence payment is payable or would be payable but for regulations under Article 91(1) of the 2015 Order (hospital in-patients) or”; and

(b) in paragraph 14 (persons residing with the claimant)—

(i) in sub-paragraph (6)(b)(7)—

(aa) omit “or” after sub-head (i), and

(bb) after sub-head (ii) add—

“or

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

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

(6) In paragraph 1(9)(9) of Schedule 3 (special groups: polygamous marriages) 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 Article 83(3) of the 2015 Order”.

(7) After paragraph 20(2)(ba)(10) of Schedule 5 (income from capital) insert—

“(bb) personal independence payment;”.

(8) In paragraph 4(1)(a) of Schedule 6 (sums disregarded from claimant’s earnings)—

(a) omit “or” at the end of sub-head (vii)(11); and

(b) after sub-head (vii) add—

“(viii) personal independence payment; or”.

(1)

S.R. 2003 No. 28; relevant amending Rules are S.R. 2005 No. 580, S.R. 2006 Nos. 97 and 128, S.R. 2007 Nos. 154 and 396, S.R. 2008 No. 286, S.I. 2013/3021 and S.R. 2014 No. 275

(2)

The definition of “pension fund holder” was amended by regulation 8(2) of S.R. 2007 No. 396

(3)

Sub-paragraph (aa) was inserted by Article 23(3) of S.I. 2013/3021

(4)

Paragraph 1 was amended by regulation 4 of S.R. 2007 No.154, Article 23(4)(a) of S.I. 2013/3021 and regulation 4(2)(a) of S.R. 2014 No. 275

(5)

Paragraph 2 was amended by regulation 5(3) of S.R. 2006 No. 128, Article 23(4) of S.I. 2013/3021 and regulation 4(2)(b) of S.R. 2014 No. 275

(6)

The definition of “disabled person” was amended by regulation 7(4)(a) of S.R. 2005 No. 580, regulation 5(4)(a) of S.R. 2006 No. 97, regulation 5(4)(a) of S.R. 2006 No. 128, regulation 30(8)(a)(i) of S.R. 2008 No. 286, Article 23(5) of S.I. 2013/3021 and regulation 4(3)(a) of S.R. 2014 No. 275

(7)

Paragraph 14(6)(b) was amended by Article 23(5)(b) and (c) of S.I. 2013/3021

(8)

Sub-paragraph (8)(a) was amended by Article 23(5)(d) of S.I. 2013/3021

(9)

Paragraph 1(9) was amended by Article 23(6) of S.I. 2013/3021

(10)

Sub-paragraph (2)(ba) was inserted by Article 23(7) of S.I. 2013/3021

(11)

Sub-head (vii) was added by regulation 30(10)(a)(ii) of S.R. 2008 No. 286