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

Amendment of the State Pension Credit Regulations (Northern Ireland) 2003

23.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), after “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 Schedule 1 (circumstances in which persons are treated as being or not being severely disabled)—

(a) in paragraph 1(1)(a)(i) (severe disablement)—

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

(ii) after “the 2015 Order” insert “or the daily living component of the 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 1(1)(b)(i)—

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

(ii) after “the 2015 Order” insert “or the daily living component of the 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”;

(c) in paragraph 1(1)(c)(i)—

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

(ii) after “the 2015 Order” insert “or the daily living component of the 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 1(2)(a)—

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

(ii) after “the 2015 Order” insert “or the daily living component of the 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) after paragraph 1(2)(ba) insert—

“(bb) for the purposes of sub-paragraph (1)(b) 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;”;

(f) in paragraph 2(2)(a)—

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

(ii) after “the 2015 Order” insert “or the daily living component of the 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”.

(4) In Schedule 2 (housing costs)—

(a) in paragraph 14(6)(b) (persons residing with the claimant)—

(i) omit “or” following sub-head (ii);

(ii) after sub-head (ii) insert—

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

(b) for paragraph 14(8)(a) substitute—

“(a) any armed forces independence payment, attendance allowance, disability living allowance, personal independence payment or adult disability payment received by him;”.

(5) In Schedule 2A (additional amount applicable for claimants responsible for a child or qualifying young person)—

(a) in paragraph 9(2) (amount of additional payment) after “Regulations 2021)” insert “, adult disability payment”;

(b) in paragraph 9(3)(a) after “disability living allowance at the highest rate” insert “, the daily living component of adult disability payment at the enhanced rate”.

(6) In Schedule 3 (special groups)—

(a) in paragraph 1(9) (polygamous marriages)—

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

(ii) after “the 2015 Order” insert “or the daily living component of the 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”.

(7) In Schedule 6 (sums disregarded from claimant’s earnings), after paragraph 4(1)(a)(vii) insert—

“(viii) adult disability payment,”.

(1)

S.R. 2003 No. 28, as amended by S.R. 2003 No. 421, S.R. 2008 No. 286, S.I. 2013/3021, S.R. 2014 No. 275, S.R. 2016 No. 228, S.R. 2018 No. 135 and S.I. 2021/786. There are other amendments not relevant to this instrument.