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;