The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016

Adjustment of personal independence payment where medical expenses are paid from public funds under war pensions instruments

2.—(1) Paragraph (2) applies where a person (“ P”) is provided with relevant accommodation.

(2) Subject to regulation 3, where there are payable in respect of P both a payment under Article 25B or Article 21 and personal independence payment which is attributable to the daily living component in accordance with Article 83 of the 2015 Order, the personal independence payment, in so far as it is so attributable, is to be adjusted by deducting from it the amount of the payment under Article 25B or Article 21, as the case may be, and only the balance is payable.

(3) In paragraph (2)—

“Article 25B” means Article 25B of the Personal Injuries (Civilians) Scheme 1983(1) (medical expenses) and includes that Article as applied by Article 48B of that Scheme;

“Article 21” means Article 21 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(2) (medical expenses);

and in both this regulation and regulation 3 “relevant accommodation” means accommodation provided as necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to Article 25B or Article 21 and “the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015.

(1)

S.I. 1983/686; Articles 25B and 48B were inserted by Articles 6 and 11 of S.I. 1984/1289 respectively and Article 25B was substituted by Article 3 of S.I. 1999/262

(2)

S.I. 2006/606; Article 21 was amended by Article 4 of S.I. 2006/1455