PART 2CONSEQUENTIAL AMENDMENTS

Amendment of the Housing Benefit Regulations30

1

The Housing Benefit Regulations (Northern Ireland) 2006119 are amended in accordance with paragraphs (2) to (8).

2

In regulation 2(1) (interpretation)—

a

after the definition of “the 1950 Act” insert—

  • “the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

b

for the definition of “the benefit Acts”120 substitute—

  • “the benefit Acts” means the Act, the Jobseekers Order, the Welfare Reform Act, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order;

c

in the definition of “person who requires overnight care”121—

i

omit “or” at the end of sub-paragraph (a)(ii),

ii

after sub-paragraph (a)(ii) insert—

iia

is in receipt of the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order, or

iii

in sub-paragraph (a)(iii) for “or (ii)” substitute “, (ii) or (iia)”; and

d

after that definition insert—

  • “personal independence payment” means personal independence payment under Part 5 of the 2015 Order;

3

In regulation 25 (treatment of child care charges)—

a

after paragraph (11)(d)(vii)122 add—

viii

personal independence payment;

b

in paragraph (11)(e) for “or allowance to which head (ii), (iv), (v) or (vi)” substitute “, allowance or payment to which head (ii), (iv), (v), (vi) or (viii)”;

c

omit “or” at the end of paragraph (13)(b)123; and

d

after paragraph (13)(c)124 add—

or

d

in respect of whom personal independence payment is payable, or has ceased to be payable solely by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients).

4

In regulation 72 (non-dependant deductions)—

a

omit “or” at the end of paragraph (6)(b)(i)125;

b

after paragraph (6)(b)(ii) add—

or

iii

the daily living component of personal independence payment.

c

in paragraph (9)(a)126 for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

5

In regulation 73F(1)127 (exception to the benefit cap: receipt of specified benefit)—

a

after sub-paragraph (e) insert—

ea

the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence payment;

b

in sub-paragraph (g) for “(e) or” substitute “(e), (ea) or”; and

c

after sub-paragraph (g)(iii) insert—

iv

that payment is not payable in accordance with regulations made under Article 90 or Article 91 of the 2015 Order;

6

In regulation 77(8)128 (date on which change of circumstances is to take effect) for “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011” substitute “, article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or Part 5 of the 2015 Order”.

7

In Schedule 4 (applicable amounts)—

a

in paragraph 7(2)129 for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”;

b

in paragraph 13(1)(a)130 (additional condition for the disability premium)—

i

in sub-head (i) after “disability living allowance,” insert “personal independence payment,”, and

ii

after sub-head (iii) insert—

iiia

was in receipt of personal independence payment that is no longer payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients);

c

in paragraph 14131 (severe disability premium)—

i

in sub-paragraph (2)(a)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

ii

in sub-paragraph (2)(b)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

iii

in sub-paragraph (2)(b)(ii) after “allowance” in each place where it appears insert “or payment”,

iv

in sub-paragraph (4)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”, and

v

after sub-paragraph (5)(b) add—

c

as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order, if he would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt.

d

in paragraph 15(1)132 (enhanced disability premium) after head (b) add—

or

c

the enhanced rate of the daily living component of personal independence payment is payable, or has ceased to be payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), in respect of—

i

the claimant, or

ii

a member of the claimant’s family,

who has not attained the qualifying age for state pension credit.

e

in paragraph 16133 (disabled child premium)—

i

omit “or” after head (b), and

ii

after head (c) add—

or

d

is a young person who is in receipt of personal independence payment or who would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients) be so in receipt, provided that the young person continues to be a member of the family.

8

In paragraph 7134 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.