PART 2CONSEQUENTIAL AMENDMENTS

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations31.

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006135 are amended in accordance with paragraphs (2) to (9).

(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”136 substitute—

““the benefit Acts” means the Act, the Jobseekers Order, the State Pension Credit Act, 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”137—

(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”, and

(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 27(1)(h) (meaning of “income”), after head (ia)138 insert—

“(ib)

personal independence payment;”.

(4)

In regulation 29 (treatment of child care charges)—

(a)

after paragraph (11)(d)(vii)139 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)140; and

(d)

after paragraph (13)(c)141 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).”.

(5)

In regulation 53 (non-dependant deductions)—

(a)

omit “or” at the end of paragraph (6)(b)(i)142;

(b)

after paragraph (6)(b)(ii) add—

“or

(iii)

the daily living component of personal independence payment.”; and

(c)

in paragraph (10)(a)143 for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(6)

In regulation 57(8)144 (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)

for paragraph 5(2)145 substitute—

“(2)

For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer’s allowance under section 70 of the Act by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of—

(a)

armed forces independence payment;

(b)

attendance allowance;

(c)

the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

(d)

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 6146 (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 (6)(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 (7)(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.”;

(c)

in paragraph 7 (enhanced disability premium) for sub-paragraph (1)147 substitute—

“(1)

Subject to sub-paragraph (2), the condition is that—

(a)

in respect of a child or young person who is a member of the claimant’s family—

(i)

the care component of disability living allowance is, or would be, but for a suspension of benefit in accordance with regulations under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation, payable at the highest rate prescribed under section 72(3) of the Act, or

(ii)

the daily living component of personal independence payment is payable, or has ceased to be payable by virtue of regulations under Article 91(1) of the 2015 Order (hospital in-patients), at the enhanced rate under Article 83(2) of that Order; or

(b)

armed forces independence payment is payable in respect of a young person who is a member of the claimant’s family.”; and

(d)

in paragraph 8 (disabled child premium), after sub-paragraph (c)148 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 5(1)(a)149 of Schedule 5 (sums disregarded from claimant’s earnings) after sub-head (vii) add—

“(viii)

personal independence payment;”.

(9)

In Schedule 7150 (capital to be disregarded) after paragraph 21(2)(b) insert—

“(ba)

personal independence payment;”.