The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

Amendment of the Housing Benefit Regulations 2006

11.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

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

(a) in the definition of “member of a couple who cannot share a bedroom”, after sub-paragraph (a)(i), insert—

“(ia) pension age disability payment at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024;”;

(b) after the definition of “payment”, insert—

““pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;”;

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

(i) after sub-paragraph (a)(i), insert—

“(ia) is in receipt of pension age disability payment;”;

(ii) in sub-paragraph (a)(iii), after “(i),” insert “(ia),”.

(3) In regulation 28(11) (treatment of child care charges)—

(a) after sub-paragraph (d)(ii), insert—

“(iia) pension age disability payment;”;

(b) after sub-paragraph (e), insert—

“(ea) a pension age disability payment was payable on account of his incapacity but has ceased to be payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;”.

(4) In regulation 74 (non-dependant deductions)—

(a) after paragraph (6)(b)(i), insert—

“(ia) pension age disability payment;”;

(b) in paragraph (9)(a), after “attendance allowance”, insert “, pension age disability payment”.

(5) In regulation 75F(1) (exception to the benefit cap: receipt of specified benefit)—

(a) after sub-paragraph (c), insert—

“(ca) the claimant or the claimant’s partner is receiving pension age disability payment;”;

(b) in sub-paragraph (f)—

(i) in the opening words, after “in sub-paragraph (b), (c)”, insert “, (ca)”;

(ii) after paragraph (i), insert—

“(ia) in the case of pension age disability payment, that payment is not payable in accordance with regulation 19 (effect of admission to a care home on ongoing entitlement to pension age disability payment) or regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;”.

(6) In Schedule 3 (applicable amounts)—

(a) in paragraph 7(2), after “attendance allowance”, insert “, pension age disability payment”;

(b) in paragraph 13(1)(a)—

(i) in sub-paragraph (i), after “attendance allowance”, insert “, pension age disability payment”;

(ii) after sub-paragraph (iiib), insert—

“(iiic) was in receipt of pension age disability payment that is no longer payable by virtue of regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;”;

(c) in paragraph 14—

(i) in sub-paragraphs (2)(b)(i) and (4)(a), after “attendance allowance”, insert “, pension age disability payment”;

(ii) after sub-paragraph (5)(d), insert—

“;

(e) as being in receipt of pension age disability payment if that person would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so in receipt.”.

(1)

S.I. 2006/213; relevant amending instruments are S.I. 2005/2502, 2005/3360, 2007/2868, 2008/1042, 2010/2835, 2012/2994, 2013/388, 2013/591, 2014/213, 2015/1754, 2017/213, 2021/786, 2021/1188, 2022/177 and 2023/1218.