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

Amendment of the Jobseeker’s Allowance Regulations 1996 U.K.

10.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)(2), at the appropriate place insert—

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

(3) In regulation 51(3)(c) (remunerative work)(3)—

(a) in paragraph (i) after “highest or middle rate” insert “, armed forces independence payment”;

(b) in paragraph (ii) after “disability living allowance” insert “, armed forces independence payment”; and

(c) after paragraph (v) insert—

“; or

(vi) a person who has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made.”.

(4) In regulation 140(1)(h) (meaning of “person in hardship”)(4)—

(a) in paragraph (i) after “personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act” insert “or armed forces independence payment”;

(b) in paragraph (ii) after “disability living allowance” insert “, armed forces independence payment”; and

(c) after paragraph (iv) insert—

“; or

(v) has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made,”.

(5) In regulation 146A(1)(e) (meaning of “couple in hardship”)(5)—

(a) in paragraph (i) after “section 72(4) of the Benefits Act” insert “, armed forces independence payment”;

(b) in paragraph (ii) after “disability living allowance” insert “, armed forces independence payment”; and

(c) after paragraph (iv) insert—

“; or

(v) has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made,”.

(6) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b): member caring for another person)(6), in paragraph 3(a)—

(a) in paragraph (i) after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”;

(b) in paragraph (iv) after “disability living allowance” insert “, armed forces independence payment”;

(c) omit “or” after paragraph (v); and

(d) after paragraph (vi) insert—

“or

(vii) the person being cared for has claimed entitlement to armed forces independence payment and an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;”.

(7) In Schedule 1 (applicable amounts)—

(a) in paragraph 8(2)(7) after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”;

(b) after paragraph 14(1)(ca)(8), insert—

“(cb) the claimant or, as the case may be, the claimant’s partner, is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;”;

(c) in paragraph 15 (severe disability premium)(9)—

(i) in sub-paragraph (1)(a) after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”;

(ii) in sub-paragraph (2)(a) after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”;

(iii) in sub-paragraph (4)(a) after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”;

(d) in paragraph 15A(1) (enhanced disability premium)(10), after sub-paragraph (1ZA)(b) insert—

“; or

(c) armed forces independence payment is payable to that person.”;

(e) in paragraph 16 (disabled child premium)(11)—

(i) after sub-paragraph (1)(aa) insert—

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

(ii) in sub-paragraph (2) after “(aa)” insert “, (ab)”;

(f) in paragraph 20D(2)(12), after “personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(g) in paragraph 20H (additional conditions for higher pensioner and disability premium), in sub-paragraph (1) after sub-paragraph (ca) insert—

“(cb) is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;”;

(h) in paragraph 20I (severe disability premium) (13)—

(i) in sub-paragraph (1)(a) after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”; and

(ii) in sub-paragraph (3)(a) after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”.

(i) in paragraph 20IA(1) (enhanced disability premium)(14), in sub-paragraph (b), after “section 78(2) of the 2012 Act” insert “or armed forces independence payment is payable”.

(8) In Schedule 2 (housing costs) (non-dependant deductions), in paragraph 17—

(a) omit “or” after paragraph (6)(b)(ii);

(b) after paragraph (6)(b)(iii) insert—

“; or

(iv) armed forces independence payment.”; and

(c) in sub-paragraph (8)(a) after “disability living allowance” insert “, armed forces independence payment”.

(9) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), after paragraph 72 insert—

“72A.   Armed forces independence payment.”.

Commencement Information

I1 Sch. para. 10 in force at 8.4.2013, see art. 2(2)

(1)

S.I. 1996/207 as amended by S.I. 2013/388.

(2)

The definition of “the benefits Acts” was inserted by S.I. 2008/3157. There are other amendments to regulation 1(3) which are not relevant to this Order.

(3)

Regulation 51(3)(c) was amended by S.I. 1996/1516 and 2003/511.

(4)

Regulation 140(1)(h) was amended by S.I. 1996/1516.

(5)

Regulation 146A was inserted by S.I. 2000/1978.

(6)

Schedule A1 was inserted by S.I. 2000/1978. Paragraph 3 was amended by S.I. 2003/511.

(7)

Paragraph 8(2) was amended by S.I. 2003/511.

(8)

Paragraph 14 was amended by S.I. 1996/1516 and 2003/455.

(9)

Paragraph 15 was amended by S.I. 2000/681, 2002/490, 2003/511, 2007/719 and 2010/1160.

(10)

Paragraph 15A was amended by S.I. 2000/2629, 2003/455, 2007/719 2009/1488, 2011/674 and 2011/2425.

(11)

Paragraph 16 was amended by S.I. 2007/719 and 2011/674.

(12)

Paragraph 20D(2) was amended by S.I. 2003/511.

(13)

Paragraph 20I was amended by S.I. 2003/511, 2007/719, 2002/490 and 2010/1160.

(14)

Paragraph 20IA was inserted by S.I. 2000/2629. There are amendments to paragraph 20IA which are not relevant to this Order.