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

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008

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

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

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

(3) In regulation 158(3)(b), (c), (d)(i) and (ii), (meaning of “person in hardship”), after “attendance allowance”, insert “, pension age disability payment”.

(4) In Schedule 4 (amounts)—

(a) after paragraph 4(2)(b), insert—

“(ba) pension age disability payment;”;

(b) in paragraph 6—

(i) in sub-paragraphs (2)(a)(i) and (b)(i) for “or attendance allowance” substitute “, attendance allowance or pension age disability payment”;

(ii) in sub-paragraph (2)(b)(ii) for “or attendance allowance” in both places it occurs substitute “, attendance allowance or pension age disability payment”;

(iii) in sub-paragraph (4)(a), after “attendance allowance”, insert “, pension age disability payment”;

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

“(e) as being in receipt of pension age disability payment if the 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.”.

(5) In paragraph 19 of Schedule 6 (housing costs)—

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

“(ia) pension age disability payment;”;

(b) in sub-paragraph (8)(a), after “attendance allowance”, insert “, pension age disability payment”.

(1)

S.R. 2008 No. 280; relevant amending instruments are S.R. 2010 No. 69, S.R. 2011 No. 357, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.R. 2021 Nos. 345 and 786, S.I. 2022/177 and S.R. 2023 Nos. 97 and 184.