SCHEDULEARMED FORCES INDEPENDENCE PAYMENTS: CONSEQUENTIAL AMENDMENTS AND SUPPLEMENTARY PROVISIONS

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200635

1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200696 are amended as follows.

2

In regulation 2(1) (interpretation)97

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 definition of “the benefit Acts” after “part 4 of the 2012 Act” insert “, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”;

c

in the definition of “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 29(1)(j)(i) (meaning of “income”) after paragraph (1)(j)(ia) insert—

ib

armed forces independence payment;

4

In regulation 31 (treatment of child care charges)—

a

after paragraph (11)(d)(viii) insert—

ix

armed forces independence payment;

b

after paragraph (13)(d) insert—

; or

e

in respect of whom armed forces independence payment is payable.

5

In regulation 55 (non-dependant deductions)—

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 (10)(a) after “disability living allowance” insert “, armed forces independence payment”.

6

In regulation 59(6) (date on which change of circumstances is to take effect) after “Part 4 of the 2012 Act” insert “or the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

7

In Schedule 3 (applicable amounts)—

a

in paragraph 5(2)—

i

omit “or” after sub-paragraph (b); and

ii

after sub-paragraph (c) insert—

; or

d

armed forces independence payment.

b

in paragraph 6 (severe disability premium)—

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”;

iii

in sub-paragraph (6)(a) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

c

in paragraph 7 (enhanced disability premium) after sub-paragraph (1)(b) insert—

or

c

armed forces independence payment is payable,

d

in paragraph 8 (disabled child premium) after sub-paragraph (d) insert—

; or

e

is a young person who is in receipt of armed forces independence payment.

8

In Schedule 4 (sums disregarded from claimant’s earnings), in paragraph 5(1)(a)–

a

omit “or” at the end of paragraph (viii); and

b

after paragraph (viii) insert—

ix

armed forces independence payment; or

9

In Schedule 6 (capital to be disregarded), in paragraph 21(2)98, after paragraph (ba) insert—

bb

armed forces independence payment;