The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

10.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) are amended as follows.

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

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

““adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;”;

(b) in the definition of “member of a couple who cannot share a bedroom”—

(i) at the end of paragraph (a)(iv) omit “or”—

(ii) insert after paragraph (a)(iv)—

“(iva) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or”;

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

(i) after paragraph (a)(iia) insert—

“(iiaa) is in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022.”;

(ii) for paragraph (iii) substitute—

“(iii) although not satisfying either paragraph (i), (ii), (iiza), (iia), (iiaa) or (iib) above has provided or, where P is a child, the claimant has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that P requires overnight care; and”.

(3) In regulation 29 (meaning of “income”), after paragraph (1)(j)(ia) insert—

“(iaa) adult disability payment;”.

(4) In regulation 31 (treatment of child care charges)—

(a) after paragraph (11)(d)(ix) insert—

“(x) adult disability payment;”;

(b) in paragraph (13)—

(i) at the end of sub-paragraph (d) omit “or”;

(ii) after sub-paragraph (d) insert—

“(da) in respect of whom adult disability payment is payable, or has ceased to be payable solely by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or”.

(5) In regulation 55 (non-dependant deductions)—

(a) in paragraph (6)(b)(iii) at the end of omit “or”;

(b) at the end of paragraph (6)(b)(iii) insert—

“(iiia) the daily living component of adult disability payment; or”;

(c) in paragraph (10)(a)—

(i) before “personal independence payment” for “or” substitute “,”;

(ii) after “personal independence payment” insert “or adult disability payment”.

(6) In regulation 86 (recovery of overpayments from prescribed benefits)—

(a) after paragraph (1)(g) insert—

“(ga) adult disability payment;”;

(b) after paragraph (1B)(e) insert—

“(ea) adult disability payment;”.

(7) In Schedule 3 (applicable amounts)—

(a) in paragraph 5(2)(c), at the end omit “or”;

(b) after paragraph 5(2)(c) insert—

“(ca) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or”;

(c) in paragraph 6(2)(a)(i) (severe disability premium)—

(i) after “of the Act” for “or” substitute “,”;

(ii) after “the 2012 Act” insert “, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(d) in paragraph 6(2)(b)(i)—

(i) after “of the Act” for “or” substitute “,”;

(ii) after “the 2012 Act” insert “, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(e) in paragraph 6(6)(a)—

(i) after “of the Act” for “or” substitute “,”;

(ii) after “the 2012 Act” insert “, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(f) after paragraph 6(7)(c) insert—

“;

(d) as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability for Working Age People (Scotland) Regulations 2022, if they would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt”;

(g) in paragraph 7(1)(b) (enhanced disability premium) at the end omit “or”;

(h) after paragraph 7(1)(b) insert—

“(ba) the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability for Working Age People (Scotland) Regulations 2022, at the enhanced rate in accordance with regulation 5 of those Regulations; or;”;

(i) in paragraph 8(d) (disabled child premium) at the end omit “or”;

(j) after paragraph 8(d) insert—

“(da) is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 be so in receipt, provided that the young person continues to be a member of the family; or”.

(1)

S.I. 2006/214, as amended by S.I. 2008/1082 and 3157, 2010/2835, 2011/674 and 2425, 2013/388, 591, 630 and 2828, 2014/213, 2017/204, 213, 1187 and S.I. 2021/786. There are other amendments not relevant to this instrument.