The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

27.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation)(2)—

(a) after the definition of “appropriate office” insert—

““armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;”;

(b) in the definition of “the benefit Acts” for “and the Welfare Reform Act” substitute “, the Welfare Reform Act and the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”; and

(c) in the definition of “person who requires overnight care”—

(i) in paragraph (a) before sub-paragraph (i) insert—

“(zi) is in receipt of armed forces independence payment;”; and

(ii) in paragraph (a)(iii) for “either sub-paragraph (i) or (ii)” substitute “sub-paragraph (zi), (i) or (ii)”.

(3) In regulation 27(1)(h) (meaning of “income”) after paragraph (i) insert—

“(ia) armed forces independence payment;”.

(4) In regulation 29 (treatment of child care charges)—

(a) after paragraph (11)(d)(i) insert—

“(ia) armed forces independence payment;”; and

(b) in paragraph (13) before sub-paragraph (a) insert—

“(za) in respect of whom armed forces independence payment is payable;”.

(5) In regulation 53 (non-dependant deductions)—

(a) in paragraph (6)(b) before paragraph (i) insert—

“(zi) armed forces independence payment,”; and

(b) in paragraph (10)(a) after “any” insert “armed forces independence payment,”.

(6) In regulation 57(8) (date on which change of circumstances is to take effect) after “the Act” insert “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

(7) In Schedule 4 (applicable amounts)—

(a) in sub-paragraph 5(2) (premiums) after “remains in receipt of” insert “armed forces independence payment,”;

(b) in paragraph 6 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i) after “in receipt of” insert “armed forces independence payment,”; and

(iii) in sub-paragraph (6)(a) after “receiving” insert “armed forces independence payment,”;

(c) in paragraph 7(1) (enhanced disability premium)(3) after “the Act” where it appears for the second time insert “or armed forces independence payment is payable”; and

(d) in paragraph 8 (disabled child premium)(4) before sub-paragraph (a) insert—

“(za) is a young person who is in receipt of armed forces independence payment;”.

(8) In Schedule 5 (sums disregarded from claimant’s earnings)(5) in paragraph 5(1)(a) after sub-paragraph (iv) insert—

“(iva) armed forces independence payment;”.

(9) In Schedule 7 (capital to be disregarded) in paragraph 21(2) before paragraph (a) insert—

“(za) armed forces independence payment;”.

(1)

S.R. 2006 No. 406.

(2)

Regulation 2(1) was amended by S.R. 2008 No. 378 and S.R. 2011 No. 51. There are other amendments to regulation 2(1) not relevant to this Order.

(3)

Paragraph 7(1) was amended by S.R. 2011 No. 135.

(4)

Paragraph 8 was amended by S.R. 2011 No. 135.

(5)

Paragraph 5(1)(a) was amended by S.R. 2008 No. 378.