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- Point in Time (17/03/2016)
- Original (As made)
No versions valid at: 17/03/2016
Point in time view as at 17/03/2016. This version of this schedule contains provisions that are not valid for this point in time.
The Welfare Reform (Northern Ireland) Order 2015, SCHEDULE 9 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 02/05/2016
Article 96
Valid from 20/06/2016
1. In Article 10 of the Child Support (Northern Ireland) Order 1991 (role of the courts with respect to maintenance for children), in paragraph (8)(a), at the beginning insert “ an allowance under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 (personal independence payment) or ”.
2. The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended as follows.
Prospective
3. In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a) insert—N.I.
“(aa)is entitled to the daily living component of personal independence payment at a rate designated by regulations under this paragraph, or”.
4.—(1) Section 64 (entitlement to attendance allowance) is amended as follows.N.I.
(2) In subsection (1), for “the care component of a disability living allowance” substitute “ an allowance within subsection (1A) ”.
(3) After subsection (1) insert—
“(1A) The following allowances are within this subsection—
(a)personal independence payment;
(b)the care component of a disability living allowance.”
Valid from 20/06/2016
5. In section 146 (Christmas bonus for pensioners: interpretation), in subsection (1), after paragraph (ba) insert—N.I.
“(bb)personal independence payment;”.
6. The Social Security Administration (Northern Ireland) Act 1992 is amended as follows.
7.—(1) Section 1 (entitlement to benefit dependent on claim) is amended as follows.N.I.
(2) In subsection (3)—
(a)before paragraph (a) insert—
“(za)for personal independence payment by virtue of Article 87 of the Welfare Reform (Northern Ireland) Order 2015; or”;
(b)paragraph (b) and the “or” preceding it are repealed.
(3) In subsection (4), after paragraph (ac) insert—
“(ad)personal independence payment.”
8. In section 5(2) (regulations about claims for and payments of benefit), after paragraph (ac) insert—N.I.
“(ad)personal independence payment;”.
Valid from 20/06/2016
9. In section 69(11) (overpayments), after paragraph (ac) insert—N.I.
“(ad)personal independence payment;”.
Valid from 20/06/2016
10. In section 71 (overlapping benefits - general), after subsection (5) insert—N.I.
“(6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 121 of the Contributions and Benefits Act.”
Valid from 20/06/2016
11. In section 115CA (interpretation of Part 6), in subsection (1), after paragraph (hj) (inserted by Schedule 2 to this Order) insert—N.I.
“(hk)Part 5 of that Order;”.
Valid from 20/06/2016
12. In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ , Part 5 of that Order ”.N.I.
Valid from 20/06/2016
13. In section 116C (supply of information to the Housing Executive), in subsection (6)(b), after “Welfare Reform Act (Northern Ireland) 2007” insert “ , Part 5 of the Welfare Reform (Northern Ireland) Order 2015 ”.N.I.
Valid from 20/06/2016
14. In section 118 (regulations as to notifications of deaths), in subsection (1), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ , Part 5 of that Order ”.N.I.
Valid from 20/06/2016
15. In section 139 (effect in alteration in the component rates of income support), in subsection (5), in the definition of “benefit income”, after “income support;” insert—N.I.
“(aa)personal independence payment;”.
Valid from 20/06/2016
16. In section 139A (effect of alteration of rates of a jobseeker's allowance), in subsection (5), in the definition of “benefit income”, after “Contributions and Benefits Act;” insert—N.I.
“(aa)personal independence payment;”.
Valid from 20/06/2016
17. In section 139B (effect of alterations affecting state pension credit), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” insert “ or personal independence payment ”.N.I.
Valid from 20/06/2016
18. In section 139C (effect of alteration of rates of an employment and support allowance), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” insert “ or personal independence payment ”.N.I.
Valid from 20/06/2016
19. In section 140 (implementation of increases in income support due to attainment of particular ages), in subsection (3), after “entitlement to” insert “ personal independence payment or to ”.N.I.
Valid from 20/06/2016
20. In section 140A (implementation of increases in income-based jobseeker's allowance due to attainment of particular ages), in subsection (3), after “Contributions and Benefits Act;” insert—N.I.
“(aa)personal independence payment;”.
Valid from 20/06/2016
21. In section 140B (implementation of increases in employment and support allowance due to attainment of particular ages), in subsection (3), for the words from “a benefit” to the end substitute—N.I.
“(a)a benefit under the Contributions and Benefits Act; or
(b)personal independence payment.”
Valid from 20/06/2016
22. In section 145 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” (inserted by Schedule 2 to this Order) insert “ , personal independence payment ”.N.I.
Valid from 20/06/2016
23. In section 149 (functions of Social Security Advisory Committee in relation to legislation and regulations), in subsection (5), after paragraph (ak) (inserted by Schedule 2 to this Order) insert—N.I.
“(al)Part 5 of that Order;”.
Valid from 20/06/2016
24.—(1) Section 155 (reciprocal agreements) is amended as follows.N.I.
(2) In subsection (3)(a), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ , Part 5 of that Order ”.
(3) In subsection (4), after paragraph (ae) (inserted by Schedule 2 to this Order) insert—
“(af)to Part 5 of that Order;”.
Valid from 20/06/2016
25. In section 156 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ , Part 5 of that Order ”.N.I.
Valid from 20/06/2016
26. In section 158B (information about postal redirection), in subsection (5)(b), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ , Part 5 of that Order ”.N.I.
Valid from 20/06/2016
27. In section 160 (control of pneumoconiosis), in subsection (1)(c) for “benefit as defined in section 121 of the Contributions and Benefits Act” substitute “ personal independence payment, or benefit as defined in section 121 of the Contributions and Benefits Act, ”.N.I.
Valid from 20/06/2016
28. In section 163 (inalienability), in subsection (1), after paragraph (ac) insert—N.I.
“(ad)personal independence payment;”.
29. In section 167 (interpretation), in subsection (1), in the definition of “benefit”, for “, state pension credit and an employment and support allowance” substitute “ state pension credit, an employment and support allowance and personal independence payment ”.N.I.
Valid from 20/06/2016
30. In Schedule 5 (regulations not requiring prior submission to Social Security Advisory Committee), before paragraph 1 insert—N.I.
A1. Regulations under Article 83(3) or 84(3) of the Welfare Reform (Northern Ireland) Order 2015.”
Valid from 20/06/2016
31. In Article 25 of the Road Traffic (Northern Ireland) Order 1995 (payments in respect of applicants for exemption from wearing seat belts), in paragraph (2), after sub-paragraph (a) insert—
“(aa)those in receipt of personal independence payment;”.
Valid from 20/06/2016
32. The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 is amended as follows.
Valid from 20/06/2016
33. In Article 2(2) (interpretation), in the definition of “benefit”, after “employment and support allowance” insert “ , personal independence payment ”.N.I.
Valid from 20/06/2016
34. In Schedule 2 (calculation of compensation payment), in the table—N.I.
(a)in the section relating to compensation for cost of care incurred during the relevant period, in the second column, after the entry for attendance allowance insert—
“Daily living component of personal independence payment”;
(b)in the section relating to compensation for loss of mobility during the relevant period, in the second column, after the entry for mobility allowance insert—
“Mobility component of personal independence payment”.
35. The Social Security (Northern Ireland) Order 1998 is amended as follows.
Valid from 20/06/2016
36. In Article 4(2) (use of computers), after sub-paragraph (k) (inserted by Schedule 2 to this Order) insert—N.I.
“or
(l)Part 5 of that Order.”
37. In Article 9 (decisions by the Department)—N.I.
(a)in paragraph (3), after sub-paragraph (ba) insert—
“(baa)personal independence payment;”;
(b)in paragraph (4), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ or Part 5 of that Order ”.
38. In Article 12(3) (regulations with respect to decisions), in the definition of “the current legislation”, after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ and Part 5 of that Order ”.N.I.
39. In Article 27(7) (restrictions on entitlement to benefit in cases of error), in the definition of “benefit”—N.I.
(a)after sub-paragraph (de) insert—
“(df)personal independence payment;”;
(b)in sub-paragraph (e) for “to (de)” substitute “ to (df) ”.
40. In Article 28(3) (correction of errors in decisions etc.), after sub-paragraph (h) (inserted by Schedule 2 to this Order) insert—N.I.
“or
(i)Part 5 of that Order.”
Valid from 20/06/2016
41. In Schedule 3 (decisions against which an appeal lies), in paragraph 3—N.I.
(a)in paragraph (f), the final “or” is repealed;
(b)after paragraph (g) insert—
“(h)regulations made under Article 90(1) or 91(1) of the Welfare Reform (Northern Ireland) Order 2015;
(i)Article 92 of that Order.”
Valid from 20/06/2016
42. In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits), in subsection (2), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “ , to personal independence payment under Part 5 of that Order ”.
43. The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows.
44. In section 5A (definitions) in the definition of “disqualifying benefit”, after paragraph (c) insert—N.I.
“(ca)any benefit under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);”.
45. In section 9 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Order) insert—N.I.
“(be)any benefit under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);”.
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