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

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

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

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

(a) after the definition of “appropriate office” insert—

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

(b) in the definition of “the benefit Acts” for “and the Welfare Reform Act” substitute “, the Welfare Reform Act and the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”; and

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

(i) in paragraph (a) before sub-paragraph (i) insert—

“(zi) is in receipt of armed forces independence payment;”; and

(ii) in paragraph (a)(iii) for “either sub-paragraph (i) or (ii)” substitute “sub-paragraph (zi), (i) or (ii)”.

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

(a) in paragraph (11)(d) after “following” insert “payments,”;

(b) after paragraph (11)(d)(i) insert—

“(ia) armed forces independence payment;”; and

(c) in paragraph (13) before sub-paragraph (a) insert—

“(za) in respect of whom armed forces independence payment is payable;”.

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

(a) in paragraph (6)(b) before paragraph (i) insert—

“(zi) armed forces independence payment,”; and

(b) in paragraph (9)(a) after “any” insert “armed forces independence payment,”.

(5) In regulation 77(8) (date on which change of circumstances is to take effect) after “the Act” insert “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

(6) In Schedule 4 (applicable amounts)—

(a) in paragraph 7(2) (premiums) after “remains in receipt of” insert “armed forces independence payment,”;

(b) in paragraph 13(1)(a)(i) (additional condition for the disability premium)(3) after “following benefits:” insert “armed forces independence payment,”;

(c) in paragraph 14 (severe disability premium)(4)—

(i) in sub-paragraph (2)(a)(i) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i) after “in receipt of” insert “armed forces independence payment,”; and

(iii) in sub-paragraph (4)(a) after “receiving” insert “armed forces independence payment,”;

(d) in paragraph 15 (enhanced disability premium)(5)—

(i) omit “or” after sub-paragraph (1)(a); and

(ii) after sub-paragraph (1)(a) insert—

“(aa) armed forces independence payment is payable 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; or”; and

(e) in paragraph 16 (disabled child premium)(6) before sub-paragraph (a) insert—

“(za) is a young person who is in receipt of armed forces independence payment;”.

(7) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 7 after “any” insert “armed forces independence payment or”.

(1)

S.R. 2006 No. 405.

(2)

Regulation 2(1) was amended by S.R. 2008 No. 378 and S.R. 2011 No. 51. There are other amendments to regulation 2 not relevant to this Order.

(3)

Paragraph 13 was amended by S.R. 2008 Nos. 179 and 378.

(4)

Paragraph 14 was amended by S.R. 2007 No. 154, S.R. 2009 No. 92 and S.R. 2011 No. 291.

(5)

Paragraph 15(1) was amended by S.R. 2008 No. 378 and S.R. 2010 No. 103.

(6)

Paragraph 16 was amended by S.R. 2011 No. 135.