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

Amendment of the Housing Benefit Regulations

30.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (8).

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

(a) after the definition of “the 1950 Act” insert—

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

(b) for the definition of “the benefit Acts”(2) substitute—

““the benefit Acts” means the Act, the Jobseekers Order, the Welfare Reform Act, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order;”;

(c) in the definition of “person who requires overnight care”(3)—

(i) omit “or” at the end of sub-paragraph (a)(ii),

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

“(iia) is in receipt of the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order, or”, and

(iii) in sub-paragraph (a)(iii) for “or (ii)” substitute “, (ii) or (iia)”; and

(d) after that definition insert—

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

(3) In regulation 25 (treatment of child care charges)—

(a) after paragraph (11)(d)(vii)(4) add—

“(viii) personal independence payment;”;

(b) in paragraph (11)(e) for “or allowance to which head (ii), (iv), (v) or (vi)” substitute “, allowance or payment to which head (ii), (iv), (v), (vi) or (viii)”;

(c) omit “or” at the end of paragraph (13)(b)(5); and

(d) after paragraph (13)(c)(6) add—

“or

(d) in respect of whom personal independence payment is payable, or has ceased to be payable solely by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients).”.

(4) In regulation 72 (non-dependant deductions)—

(a) omit “or” at the end of paragraph (6)(b)(i)(7);

(b) after paragraph (6)(b)(ii) add—

“or

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

(c) in paragraph (9)(a)(8) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(5) In regulation 73F(1)(9) (exception to the benefit cap: receipt of specified benefit)—

(a) after sub-paragraph (e) insert—

“(ea) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence payment;”;

(b) in sub-paragraph (g) for “(e) or” substitute “(e), (ea) or”; and

(c) after sub-paragraph (g)(iii) insert—

“(iv) that payment is not payable in accordance with regulations made under Article 90 or Article 91 of the 2015 Order;”.

(6) In regulation 77(8)(10) (date on which change of circumstances is to take effect) for “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011” substitute “, article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or Part 5 of the 2015 Order”.

(7) In Schedule 4 (applicable amounts)—

(a) in paragraph 7(2)(11) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 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”;

(b) in paragraph 13(1)(a)(12) (additional condition for the disability premium)—

(i) in sub-head (i) after “disability living allowance,” insert “personal independence payment,”, and

(ii) after sub-head (iii) insert—

“(iiia) was in receipt of personal independence payment that is no longer payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients);”;

(c) in paragraph 14(13) (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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 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 (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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 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 (2)(b)(ii) after “allowance” in each place where it appears insert “or payment”,

(iv) in sub-paragraph (4)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 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 (5)(b) add—

“(c) 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 payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt.”;

(d) in paragraph 15(1)(14) (enhanced disability premium) after head (b) add—

“or

(c) the enhanced rate of the daily living component of personal independence payment is payable, or has ceased to be payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), in respect of—

(i) the claimant, or

(ii) a member of the claimant’s family,

who has not attained the qualifying age for state pension credit.”; and

(e) in paragraph 16(15) (disabled child premium)—

(i) omit “or” after head (b), and

(ii) after head (c) add—

“or

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

(8) In paragraph 7(16) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(1)

S.R. 2006 No. 405; relevant amending Rules are S.R. 2007 No. 154, S.R. 2008 No. 378, S.R. 2009 No. 92, S.R. 2010 No. 103, S.R. 2011 Nos. 51, 135 and 291, S.I. 2013/3021, S.R. 2014 No. 275, S.R. 2015 No. 411 and S.R. 2016 No. 55

(2)

The definition of “the benefit Acts” was amended by regulation 3(2)(a)(iii) of S.R. 2008 No. 378, Article 26(2)(b) of S.I. 2013/3021 and Article 23(2) of S.R. 2015 No. 411

(3)

The definition of “person who requires overnight care” was inserted by regulation 2(2)(a) of S.R. 2011 No. 51 and amended by Article 26(2)(c) of S.I. 2013/3021

(4)

Head (vii) was added by regulation 3(9)(c)(iv) of S.R. 2008 No. 378

(5)

Paragraph (13)(b) was substituted by regulation 5(2)(a) of S.R. 2014 No. 275

(6)

Paragraph (13)(c) was amended by regulation 5(2)(b) of S.R. 2014 No. 275

(7)

Paragraph (6) was amended by Article 26(4)(a) of S.I. 2013/3021 and regulation 5(3) of S.R. 2014 No. 275

(8)

Paragraph (9)(a) was amended by Article 26(4)(b) of S.I. 2013/3021

(9)

Regulation 73F was inserted by regulation 3(5) of S.R. 2016 No. 55

(10)

Regulation 77(8) was amended by Article 26(5) of S.I. 2013/3021

(11)

Paragraph 7(2) was amended by Article 26(6)(a) of S.I. 2013/3021

(12)

Paragraph 13(1)(a) was amended by Article 26(6)(b) of S.I. 2013/3021, regulation 5(4)(a)(i) of S.R. 2014 No. 275 and Article 23(4) of S.R. 2015 No. 411

(13)

Paragraph 14 was amended by regulation 7(5) of S.R. 2007 No. 154, regulation 6(9)(c) of S.R. 2009 No. 92, regulation 9(3) of S.R. 2011 No. 291, Article 26(6)(c) of S.I. 2013/3021 and regulation 5(4)(b) of S.R. 2014 No. 275

(14)

Paragraph 15(1) was substituted by regulation 3(17)(c) of S.R. 2008 No. 378 and amended by regulation 8(3)(b) of S.R. 2010 No. 103 and Article 26(6)(d) of S.I. 2013/3021

(15)

Paragraph 16 was amended by regulation 12(2)(b) of S.R. 2011 No. 135, Article 26(6)(e) of S.I. 2013/3021 and regulation 5(4)(c) of S.R. 2014 No. 275

(16)

Paragraph 7 was amended by Article 26(7) of S.I. 2013/3021