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

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

27.—(1) The Housing Benefit Regulations (Northern Ireland) 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 25(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 72 (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 73F(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 (g)—

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

(ii) after head (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 4 (applicable amounts)—

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

(b) in paragraph 13(1)(a)—

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

(ii) after sub-head (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 of the Disability Assistance for Older People (Scotland) Regulations 2024 (effect of admission to hospital on ongoing entitlement to pension age disability payment) be so in receipt.”.

(1)

S.R. 2006 No. 405; relevant amending instruments are S.R. 2008 No. 428, S.R. 2010 No. 69, S.R. 2011 No. 357, S.I. 2013/3021, S.R. 2016 No. 228, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.I. 2021/786, S.R. 2021 Nos. 345 and 1188, S.I. 2022/177, S.I. 2023/1218, S.R. 2023 Nos. 97 and 184.