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

Amendment of the Employment and Support Allowance Regulations 2008

11.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “adoption leave” insert—

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

(3) In regulation 18 (circumstances in which the condition that the claimant is not receiving education does not apply)—

(a) after “armed forces independence payment” for “or” substitute “,”;

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

(4) In regulation 158(3) (meaning of “person in hardship”)—

(a) in sub-paragraph (b)—

(i) after “armed forces independence payment” for “or” substitute “,”;

(ii) after “daily living component” insert “or the daily living component of adult disability payment”;

(b) in sub-paragraph (c)—

(i) after “armed forces independence payment” for “or” substitute “,”;

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

(c) in sub-paragraph (d)—

(i) in paragraph (i)—

(aa) after “armed forces independence payment” for “or” substitute “,”;

(bb) after “daily living component” insert “or the daily living component of adult disability payment”;

(ii) in paragraph (ii)—

(aa) after “armed forces independence payment” for “or” substitute “,”;

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

(5) In Schedule 4 (amounts)—

(a) at the end of paragraph 4(2)(c) omit “or”;

(b) after paragraph 4(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)—

(i) in paragraph (a)(i) after “daily living component” insert “, the daily living component of adult disability payment”;

(ii) in paragraph (b)(i) after “daily living component” insert “, the daily living component of adult disability payment”;

(iii) in paragraph (b)(ii)—

(aa) after the first occurrence of “daily living component” insert “, the daily living component of adult disability payment”;

(bb) after the second occurrence of “daily living component” insert “, the daily living component of adult disability payment”;

(d) in paragraph 6(4)(a) after “daily living component” insert “, the daily living component of adult disability payment”;

(e) after paragraph 6(5)(c) insert—

“(d) as being in entitled to, and in receipt of, the daily living component of adult disability payment if the person would, but for 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”;

(f) at the end of paragraph 7(1)(c) (enhanced disability premium) omit “or”;

(g) after paragraph 7(1)(c) insert—

“(ca) the daily living component of adult disability payment is, or would, but for 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 payable at the enhanced rate under section 78(2) of those Regulations in respect of—

(i) the claimant; or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit; or”.

(6) In Schedule 6 (housing costs)—

(a) in paragraph 15(11)(b) (linking rule)—

(i) after “armed forces independence payment” for “or” substitute “,”;

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

(b) in paragraph 19(8)(a) (non-dependent deductions)—

(i) after “armed forces independence payment” for “or” substitute “,”;

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

(c) at the end of paragraph 19(6)(b)(iii) omit “or”;

(d) after paragraph 19(6)(b)(iii) insert—

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

(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 8, after “disability living allowance” insert “, the mobility component of adult disability payment”;

(b) in paragraph 11—

(i) after “disability living allowance” for “or” substitute “,”;

(ii) after “the daily living component” insert “or the daily living component of adult disability payment”.

(1)

S.I. 2008/794, as amended by S.I. 2008/2428, 2013/388, 591, 2015/1754 and 2021/786. There are other amendments not relevant to this instrument.