SCHEDULEARMED FORCES INDEPENDENCE PAYMENTS: CONSEQUENTIAL AMENDMENTS AND SUPPLEMENTARY PROVISIONS
Amendment of the Housing Benefit Regulations 200634
1
The Housing Benefit Regulations 200691 are amended as follows.
2
In regulation 2(1)(interpretation)92—
a
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;
b
in the paragraph defining “the benefit Acts” after “part 4 of the 2012 Act” insert “, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”;
c
in the paragraph defining “person who requires overnight care”—
i
omit “or” at the end of sub-paragraph (a)(iia);
ii
after sub-paragraph (a)(iia) insert—
iib
is in receipt of armed forces independence payment; or
iii
in sub-paragraph (a)(iii) for “, (ii) or (iia)” substitute “, (ii), (iia) or (iib)”.
3
In regulation 28 (treatment of child care charges)—
a
after paragraph (11)(d)(viii) insert—
ix
armed forces independence payment;
b
omit “or” after paragraph (13)(c); and
c
after paragraph (13)(d) insert—
; or
e
in respect of whom armed forces independence payment is payable.
4
In regulation 74 (non-dependant deductions)93—
a
omit “or” after sub-paragraph (6)(b)(ii);
b
after sub-paragraph (6)(b)(iii) insert—
or
iv
armed forces independence payment.
c
in paragraph (9)(a) after “disability living allowance” insert “, armed forces independence payment”.
5
In regulation 79(6) (date on which change of circumstances is to take effect)—
a
for “the Act or” substitute “the Act,”; and
b
after “Part 4 of the 2012 Act” insert “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
6
In Schedule 3 (applicable amounts)—
a
in paragraph 7(2)—
i
after “section 72(3) of the Act” for “or” insert “,”; and
ii
after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
b
in paragraph 13(1)(a) (additional condition for the disability premium)94, in sub-paragraph (i), after “personal independence payment” insert “, armed forces independence payment,”;
c
in paragraph 14 (severe disability premium)95—
i
in sub-paragraph (2)(a)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
ii
in sub-paragraph (2)(b)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”; and
iii
in sub-paragraph (4)(a) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
d
in paragraph 15 (enhanced disability premium)—
i
after sub-paragraph (1)(c) insert—
; or
d
armed forces independence payment is payable 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 16 (disabled child premium), after sub-paragraph (d) insert—
; or
e
is a young person who is in receipt of armed forces independence payment.
7
In Schedule 5 (sums to be disregarded in the calculation of income), in paragraph 6, after “disability living allowance” insert “, armed forces independence payment”.