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

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996

20.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement, interpretation and application), 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 51(3)(c) (remunerative work)—

(a) in head (i)—

(i) after “DACYP Regulations” omit “or”;

(ii) after “enhanced rate” insert “, or the daily living component of adult disability payment at the standard or enhanced rate”;

(b) in head (ii)—

(i) omit “or” after “child disability payment,”;

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

(c) after head (v) insert—

“(va) a person who has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate under regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made.”.

(4) In regulation 140(1)(h) (meaning of “person in hardship”)—

(a) in head (i)—

(i) after “DACYP Regulations” for “or” substitute “,”;

(ii) after “the 2015 Order” insert “, or 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”;

(b) in head (ii)—

(i) after “child disability payment” for “or” substitute “,”;

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

(c) omit the “or” following head (iiia);

(d) after head (iv) insert—

“or

(iva) has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate under regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made,”.

(5) In regulation 146A(1)(e) (meaning of “couple in hardship”)—

(a) in head (i)—

(i) for “or” after “DACYP Regulations” substitute “,”;

(ii) after “the 2015 Order” insert “, or 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”;

(b) in head (ii)—

(i) for “or” after “child disability payment” substitute “,”;

(ii) for “personal independence payment,” substitute “personal independence payment or adult disability payment”;

(c) omit the “or” following head (iiia);

(d) after head (iv) insert—

“or

(iva) has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate under regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made,”.

(6) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order)—

(a) in paragraph 3(a)(i) (member caring for another person)—

(i) for “or” after “DACYP Regulations” substitute “,”;

(ii) after “the 2015 Order” insert “or 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”;

(b) in paragraph 3(a)(iv)—

(i) for “or” after “child disability payment” substitute “,”;

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

(c) after paragraph 3(a)(vi) insert—

“(via) the person being cared for has claimed entitlement to the daily living component of adult disability payment in accordance with regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, an award at the standard or enhanced rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment;”.

(7) In Schedule 1 (applicable amounts)—

(a) in paragraph 8(2), after “the 2015 Order” insert “, or 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”;

(b) after paragraph 14(1)(ca) insert—

“(caa) the claimant or, as the case may be, the claimant’s partner, is in receipt of adult disability payment or is a person whose adult disability payment is payable, in whole or in part, to another in accordance with regulation 34 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (making payments);”;

(c) after paragraph 14(1)(fa) insert—

“(fb) the claimant or, as the case may be, the claimant’s partner, is a person who is entitled to the mobility component of adult disability payment but to whom the component is not payable in accordance with regulation 6 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (mobility component);”;

(d) at the end of paragraph 14(1)(g)(ii) omit “or”;

(e) after paragraph 14(1)(g)(iii) insert—

“or

(iv) entitled to adult disability payment but no amount is payable in accordance with 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,”;

(f) for “in either case” in the words following new paragraph 14(1)(g)(iv), as inserted by sub-paragraph (e) above, substitute “in any of the cases described in any of sub-heads (i) to (iv)”;

(g) in paragraph 15(1)(a) (severe disability premium)—

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

(ii) after “the 2015 Order” insert “, or 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”;

(h) in paragraph 15(2)(a)—

(i) after (the “qualifying benefit”) for “or” substitute “,”;

(ii) after “the 2015 Order” insert “, or 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 (the “qualifying benefit”)”;

(i) in paragraph 15(4)(a)—

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

(ii) after “the 2015 Order” insert “, or 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”;

(j) after paragraph 15(5)(aa) insert—

“(ab) 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 Assistance for Working Age People (Scotland) Regulations 2022 if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations be in so in receipt;”;

(k) in paragraph 15A(1ZA) (enhanced disability premium)—

(i) at the end of head (b) omit “or”;

(ii) after head (b) insert—

“(ba) 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 to that person at the enhanced rate in accordance with regulation 5 of those Regulations; or”;

(l) after paragraph 16(1)(aa) (child disability premium) insert—

“(ab) a young person who is in receipt of adult disability payment, or who 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, provided that the young person continues to be a member of the family;”;

(m) in paragraph 16(2) after “(aa)” insert “, (ab)”;

(n) in paragraph 20D(2), after “the DACYP Regulations” 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”;

(o) after paragraph 20H(1)(ca) (additional conditions for higher pensioner and disability premiums) insert—

“(caa) is in receipt of adult disability payment or is a person whose adult disability payment is payable, in whole or in part, to another in accordance with regulation 33 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (making payments);”;

(p) after paragraph 20H(1)(ga) insert—

“(gb) is a person who is entitled to the mobility component of adult disability payment but to whom the component is not payable in accordance with regulation 34(6) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (amount and form of adult disability payment);”;

(q) in paragraph 20H(1)(h)—

(i) after head (ii) omit “or”;

(ii) after head (iii) insert—

“or

(iv) entitled to adult disability payment but no amount is payable in accordance with 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”;

(iii) in the words following new sub-head (iv) for “in either case” substitute “in any of the cases described in paragraphs (i) to (iv)”;

(r) in paragraph 20I(1)(a) (severe disability premium)—

(i) after “(the “qualifying benefit”)” for “or” substitute “,”;

(ii) after “carer element” for “or” substitute “,”;

(iii) after “the 2015 Order” insert “, or 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 (the “qualifying benefit”)”;

(s) in paragraph 20I(3)(a)—

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

(ii) after “the 2015 Order” insert “, or 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”;

(t) after paragraph 20I(4)(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 regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;”;

(u) in paragraph 20IA(1)(b), after “Article 83(2) of the 2015 Order” insert “, 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 for Working Age People (Scotland) Regulations 2022, be payable under those Regulations,”.

(8) In Schedule 2 (housing costs)—

(a) in paragraph 17(6)(b) (non-dependant deductions), after sub-head (iii) add—

“or

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

(b) in paragraph 17(8)(a) after “child disability payment” insert “, adult disability payment”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) In paragraph 7—

(i) for “or” substitute “,”;

(ii) after “personal independence payment” insert “or the mobility component of adult disability payment”;

(b) in paragraph 10—

(i) for “or” substitute “,”;

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

(1)

S.R. 1996 No. 198, as amended by S.R. 1996 No. 356, S.R. 2002 Nos. 132 and 363, S.R. 2008 No. 498, S.I. 2013/3021, S.R. 2016 No. 228 and S.I. 2021/786. There are other amendments not relevant to this instrument.