SCHEDULEARMED FORCES INDEPENDENCE PAYMENTS: CONSEQUENTIAL AMENDMENTS AND SUPPLEMENTARY PROVISIONS
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975I11
1
The Social Security Benefit (Persons Abroad) Regulations 19752 are amended as follows.
2
In regulation 2(1A) (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance)3, after “disability living allowance” insert “, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976I22
1
The Social Security (Invalid Care Allowance) Regulations 19764 are amended as follows.
2
In regulation 9(2) (conditions relating to residence and presence in Great Britain)5—
a
omit “or” at the end of sub-paragraph (b)(iii); and
b
after sub-paragraph (b)(iii) insert—
iiia
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; or
Amendment of the Social Security (Overlapping Benefits) Regulations 1979I33
1
The Social Security (Overlapping Benefits) Regulations 19796 are amended as follows.
2
In regulation 2 (interpretation)—
a
at the appropriate place insert ““armed forces independence payment” means a payment under Article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”; and
b
after the definition of “the daily living component of personal independence payment” insert—
“the enhanced rate” in relation to the daily living component of personal independence payment means the rate prescribed in regulation 24(1)(b) of the Social Security (Personal Independence Payment) Regulations 2013;
3
In regulation 6(3)(adjustments of personal benefits under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits)7—
a
omit “and” at the end of paragraph (a)(iii); and
b
after paragraph (a)(iii) insert—
iv
armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate; and
4
In regulation 16 (persons to be treated as entitled to benefit for certain purposes)8—
a
for “or under the Jobseekers Act” where it appears for the first time substitute “or under the Jobseekers Act, or entitled to armed forces independence payment”; and
b
for “or under the Jobseekers Act and regulations made under it” where it appears for the first time substitute “or under the Jobseekers Act and regulations made under it, or entitled to armed forces independence payment”.
5
In Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act)9—
a
in column (1), for paragraph 5 substitute—
5 Attendance allowance, the care component of disability living allowance, the daily living component of personal independence payment or armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate
b
in column (1), after paragraph 5 insert—
5a Personal independence payment, attendance allowance or disability living allowance
c
in column (2), after paragraph 5 insert—
5a Armed forces independence payment
Amendment of the Income Support (General) Regulations 1987I44
1
The Income Support (General) Regulations 198710 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1)11, 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 4(2)(c)(v)(aa) (temporary absence from Great Britain)12, after “disability living allowance” insert “, armed forces independence payment”.
4
In Schedule 1B (prescribed categories of person) (persons caring for another person)13, in paragraph 4(a)—
a
in sub-paragraph (i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act” substitute “, armed forces independence payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act”; and
b
in sub-paragraph (iii) after “disability living allowance” insert “, armed forces independence payment”.
5
In Schedule 2 (applicable amounts)—
a
in paragraph 7(2) (premiums)14, after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
b
in paragraph 12 (additional condition for the higher pensioner and disability premiums) 15 in sub-paragraph (1)(a)(i), after “disability living allowance,” insert “armed forces independence payment,”;
c
in paragraph 13 (severe disability premium)—
i
in sub-paragraph (2)(a)(i)16, after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
ii
in sub-paragraph (2)(b)(i)17, after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
iii
in sub-paragraph (3)(a)18, after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.
d
in paragraph 13A (enhanced disability premium), for sub-paragraphs (1) and (1ZA)19, substitute—
1
Subject to sub-paragraph (2), the condition is that—
a
the claimant; or
b
the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,
is a person to whom sub-paragraph (1ZA) applies.
1ZA
This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—
a
armed forces independence payment is payable to that person;
b
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; or
c
the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that Act.
e
in paragraph 14 (disabled child premium)20, after sub-paragraph (1)(d) insert—
; or
e
in receipt of armed forces independence payment.
6
In Schedule 3 (housing costs: non-dependent deductions)21, paragraph 18—
i
omit “or” after sub-paragraph (6)(b)(ii);
ii
after sub-paragraph (6)(b)(iii) insert—
or
iv
armed forces independence payment.
iii
in sub-paragraph (8)(a) after “personal independence payment” insert “or armed forces independence payment”.
7
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 76 insert—
76A
Armed forces independence payment
Amendment of the Council Tax (Discount Disregards) Order 1992I55
1
The Council Tax (Discount Disregards) Order 199222 is amended as follows.
2
In article 3(2) (the severely mentally impaired), after sub-paragraph (l)23 insert—
m
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992I66
1
The Council Tax (Additional Provisions for Discount Disregards) Regulations 199224 are amended as follows.
2
In paragraph 3(a) of the Schedule25—
a
omit “or” at the end of paragraph (iv); and
b
after paragraph (v) insert—
or
vi
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992I77
1
The Child Support (Maintenance Assessments and Special Cases) Regulations 199226 are amended as follows.
2
In Schedule 2 (amounts to be disregarded when calculating or estimating n and m)—
i
in paragraph 8 after “mobility supplement” insert “, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”; and
ii
in paragraph 15 after “personal independence payment,” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”.
3
In Schedule 4 (cases where the child support maintenance is not to be payable)—
a
omit “and” after paragraph (c); and
b
after paragraph (d) insert—
; and
e
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the National Assistance (Assessment of Resources) Regulations 1992I88
1
The National Assistance (Assessment of Resources) Regulations 199227 are amended as follows.
2
In regulation 2(1) (interpretation)28, 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 Schedule 3 (sums to be disregarded in the calculation of income other than earnings), after paragraph 4 insert—
4A
Any armed forces independence payment.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994I99
1
The Social Security (Incapacity Benefit) Regulations 199429 are amended as follows.
2
In regulation 26 (person whose benefit is not to be reduced under section 30DD(1))30, after “Contributions and Benefits Act” where it appears for the second time insert “, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Jobseeker’s Allowance Regulations 1996I1010
1
The Jobseeker’s Allowance Regulations 199631 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation)32, 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)33—
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”)34—
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”)35—
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)36, 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)37 after “section 72(3) of the Benefits Act” insert “, armed forces independence payment”;
b
after paragraph 14(1)(ca)38, 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)39—
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)40, after sub-paragraph (1ZA)(b) insert—
; or
c
armed forces independence payment is payable to that person.
e
in paragraph 16 (disabled child premium)41—
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)42, 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) 43—
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)44, 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.
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.
Amendment of the Housing Renewal Grants Regulations 1996I1111
1
The Housing Renewal Grants Regulations 199645 are amended as follows.
2
In regulation 2(1) (interpretation)46 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 19 (treatment of child care charges)47—
a
after paragraph (3)(d)(viii) insert—
ix
armed forces independence payment;
b
omit “or” at the end of paragraph (8)(b)(iii); and
c
after paragraph (8)(b)(iv) insert—
; or
v
in respect of whom armed forces independence payment is payable.
4
In Schedule 1 (applicable amounts)—
a
in paragraph 12(1)(a)(i) (additional condition for the higher pensioner and disability premiums) after “disability living allowance” insert “, armed forces independence payment”;
b
in paragraph 13 (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”; and
iii
after sub-paragraph (5)(c) insert—
; or
d
a person receiving armed forces independence payment.
c
in paragraph 13A (enhanced disability premium)48, after sub-paragraph (c) insert—
; or
d
armed forces independence payment is payable,
d
in paragraph 14(1) (disabled child premium), after sub-paragraph (d) insert—
; or
e
is a young person who is in receipt of armed forces independence payment.
e
in paragraph 15(2)(b) (carer premium)49 after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.
5
In Schedule 1A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit)50—
a
in paragraph 7 (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 at the standard or enhanced rate” insert “or armed forces independence payment”;
iii
after sub-paragraph (5)(c) insert—
or
d
a person receiving armed forces independence payment.
b
in paragraph 8 (enhanced disability premium) after paragraph (b) insert—
or
c
in respect of a young person, armed forces independence payment is payable,
c
in paragraph 9 (disabled child premium) after paragraph 9(1)(d) insert—
; or
e
is a young person in receipt of armed forces independence payment.
6
In Schedule 3 (sums to be disregarded in the determination of income other than earnings), in paragraph 5, after “disability living allowance” insert “, armed forces independence payment”.
Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996I1212
1
The Social Security Benefit (Computation of Earnings) Regulations 199651 are amended as follows.
2
In Schedule 2 (child care charges to be deducted in the calculation of earnings), after paragraph 8(b)(vii) insert—
viii
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996I1313
1
The Child Support Departure Direction and Consequential Amendments Regulations 199652 are amended as follows.
2
In paragraph 6(d) of regulation 15 (illness or disability), after “Welfare Reform Act 2012” insert “, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Education (Student Loans) Regulations 1998I1414
1
The Education (Student Loans) Regulations 199853 are amended as follows.
2
In Schedule 2 (terms of loans), in paragraph 1, in the definition of “disability related benefits”, after “Welfare Reform Act 2012,” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999I1515
1
The Social Security and Child Support (Decisions and Appeals) Regulations 199954 are amended as follows.
2
In Schedule 3B (date on which change of circumstances takes effect where claimant entitled to state pension credit), in paragraph 2—
a
omit “or” at the end of sub-paragraph (b)(ii); and
b
after sub-paragraph (b)(iii) insert—
iv
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; or
Amendment of the Maternity and Parental Leave etc. Regulations 1999I1616
1
The Maternity and Parental Leave etc. Regulations 199955 are amended as follows.
2
In regulation 2(1) (interpretation)56, 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 14(1A) (extent of entitlement)57, after “disability living allowance” insert “, armed forces independence payment”.
4
In regulation 15(3) (when parental leave may be taken)58, after “disability living allowance” insert “, armed forces independence payment”.
5
In Schedule 2 (default provisions in respect of parental leave)–
a
in paragraph 2(c) after “disability living allowance” insert “, armed forces independence payment”; and
b
in paragraph 7 after “disability living allowance” insert “, armed forces independence payment”.
Amendment of the Child Support (Variations) Regulations 2000I1717
1
The Child Support (Variations) Regulations 200059 are amended as follows.
2
In regulation 11 (special expenses – illness or disability of relevant other child)—
a
in paragraph (2)(a)(i) for “or a mobility supplement” substitute “, a mobility supplement or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”;
b
in paragraph (3)(b)60, after “disability living allowance” insert “or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Community Legal Service (Financial) Regulations 2000I1818
1
The Community Legal Service (Financial) Regulations 200061 are amended as follows.
2
In regulation 19 after paragraph (h) insert—
i
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the Criminal Defence Service (General) (No.2) Regulations 2001I1919
1
The Criminal Defence Service (General) (No.2) Regulations 200162 are amended as follows.
2
In Schedule 1 (assessment of resources)—
a
omit “and” after paragraph (8)(1)(c)(iv); and
b
after paragraph (8)(1)(d) insert—
and
e
any armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the Representation of the People (England and Wales) Regulations 2001I2020
1
The Representation of the People (England and Wales) Regulations 200163 are amended as follows.
2
In regulation 53(5)(b) (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or any other disability)64, after “Benefits Act 1992)” insert “, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Representation of the People (Scotland) Regulations 2001I2121
1
The Representation of the People (Scotland) Regulations 200165 are amended as follows.
2
In regulation 53(5)(b) (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or any other disability)66, after “Benefits Act 1992)” insert “, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Social Security (Loss of Benefit) Regulations 2001I2222
1
The Social Security (Loss of Benefit) Regulations 200167 are amended as follows.
2
In regulation 1 (interpretation) 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 5 (meaning of “person in hardship”)—
a
in paragraph (1)(h)(i) after “section 72(4) of the Benefits Act” insert “, armed forces independence payment”;
b
in paragraph (1)(h)(ii) after “disability living allowance” insert “, armed forces independence payment”;
c
omit “or” after paragraph (1)(h)(iii); and
d
after paragraph (1)(h)(iv) insert—
or
v
has claimed armed forces independence payment and has an award for a period commencing after the date on which that claim was made,
4
In regulation 11 (application of Part and meaning of “couple in hardship”)—
a
in paragraph (2)(e)(i) after “section 72(4) of the Benefits Act” insert “, armed forces independence payment”;
b
in paragraph (2)(e)(ii) after “disability living allowance” insert “, armed forces independence payment”;
c
omit “or” after paragraph (2)(e)(iii); and
d
after paragraph (2)(e)(iv) insert—
or
v
has claimed armed forces independence payment and has an award for a period commencing after the date on which that claim was made,
Amendment of the State Pension Credit Regulations 2002I2323
1
The State Pension Credit Regulations 200268 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation)69, 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
After regulation 15(1)(aa) (income for the purposes of the Act) insert “(ab) armed forces independence payment;”.
4
In Schedule 1—
a
in paragraph 1 (severe disablement)70—
i
in sub-paragraph (1)(a)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
ii
in sub-paragraph (1)(b)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;
iii
in sub-paragraph (1)(c)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”; and
iv
in sub-paragraph (2)(a) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.
b
in paragraph 2 (persons residing with the claimant whose presence is ignored), in sub-paragraph (2)(a) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.
5
In Schedule 2 (housing costs)—
a
in paragraph 1(2)(a)(iii)(ee) after “the 2012 Act” insert “or is a person in respect of whom armed forces independence payment is payable;”;
b
omit “or” after paragraph 14(6)(b)(ii);
c
after paragraph 14(6)(b)(iii) insert—
or
iv
armed forces independence payment.
d
in paragraph 14(8)(a) after “disability living allowance” insert “, armed forces independence payment”.
6
In Schedule 3 (special groups) (polygamous marriages) in paragraph 1(9) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.
7
In Schedule 5 (income from capital), after paragraph 20(2)(ba) insert—
bb
armed forces independence payment;
8
In Schedule 6 (sums disregarded from claimant’s earnings), after paragraph 4(1)(a)—
a
omit “or” at the end of paragraph (viii); and
b
after paragraph (viii) insert—
ix
armed forces independence payment; or
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002I2424
1
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 200271 are amended as follows.
2
In regulation 2(1) (interpretation)72, 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 9(4) (disability element and workers who are to be treated as at a disadvantage in getting a job), after sub-paragraph (d) insert—
e
armed forces independence payment.
4
In regulation 13(6)73 (entitlement to child care element of working tax credit) after sub-paragraph (i) insert—
j
armed forces independence payment.
5
In regulation 14(4)74—
a
omit “or” at the end of sub-paragraph (c); and
b
after sub-paragraph (d) insert—
; or
e
armed forces independence payment is payable in respect of that child.
6
In regulation 17 (severe disability element)—
a
in paragraph (1) after “or (3)” insert “or (4)”; and
b
after paragraph (3) insert—
4
A person satisfies this paragraph if an armed forces independence payment is payable in respect of him.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002I2525
1
The Tax Credits (Definition and Calculation of Income) Regulations 200275 are amended as follows.
2
In regulation 19 (general disregards in the calculation of income) in Table 676, after the final entry insert—
17
Armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the Child Tax Credit Regulations 2002I2626
1
The Child Tax Credit Regulations 200277 are amended as follows.
2
In regulation 2(1) (interpretation)78, 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 8 (prescribed conditions for a disabled or severely disabled child or qualifying young person)—
a
in paragraph (1)(b) after “or (4)” insert “or (5)”; and
b
after paragraph (4) insert—
5
A person satisfies the requirements of this paragraph if an armed forces independence payment is payable in respect of him.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002I2727
1
The Tax Credits (Claims and Notifications) Regulations 200279 are amended as follows.
2
In regulation 2 (interpretation)80, 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 26A (date of notification – disability element and severe disability element of child tax credit)81 after each “or personal independence payment” insert “or armed forces independence payment”.”
Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002I2828
1
The Flexible Working (Eligibility, Complaints and Remedies) Regulations 200282 are amended as follows.
2
In the definition of “disabled” in regulation 2(1) (interpretation)83, after “Benefits Act 1992” insert “or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003I2929
In article 2 (grant payments) of the Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 200384, in paragraph (2)—
a
omit “and” at the end of sub-paragraph (j); and
b
after sub-paragraph (k) insert—
, and
l
the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the European Parliamentary Elections Regulations 2004I3030
1
The European Parliamentary Elections Regulations 200485 are amended as follows.
2
In Schedule 2 (absent voting: additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or other disability)—
a
omit “or” after paragraph 23(6)(d); and
b
after paragraph 23(6)(e) insert—
; or
f
the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application.
Amendment of the Non-Contentious Probate Fees Order 2004I3131
1
The Non-Contentious Probate Fees Order 200486 is amended as follows.
2
In Schedule 1A (remissions and part remissions) (interpretation)87, in sub-paragraph 1(1), in the definition of “excluded benefits”—
a
omit “and” at the end of paragraph (g); and
b
after paragraph (h) insert—
and
i
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005I3232
1
The Social Fund Maternity and Funeral Expenses (General) Regulations 200588 are amended as follows.
2
In regulation 10(1A) (arrears of benefit excluded from the assets of the deceased)89 at the end of paragraph (ee) insert—
;
ff
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the Criminal Defence Service (Financial Eligibility) Regulations 2006I3333
1
The Criminal Defence Service (Financial Eligibility) Regulations 200690 are amended as follows.
2
In regulation (2)(1)(interpretation) in the paragraph defining “gross annual income”, after sub-paragraph (f) insert—
g
any armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Housing Benefit Regulations 2006I3434
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”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I3535
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;
Amendment of the National Assembly for Wales (Representation of the People) Order 2007I3636
1
The National Assembly for Wales (Representation of the People) Order 200799 is amended as follows.
2
In Schedule 1 (additional requirements for applications for a proxy vote on grounds of blindness or other disability: absent voting at assembly elections), in paragraph 4(5)—
a
omit “or” at the end of sub-paragraph (b); and
b
after sub-paragraph (c) insert—
; or
d
the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application.
Amendment of the Employment and Support Allowance Regulations 2008I3737
1
The Employment and Support Allowance Regulations 2008100 are amended as follows.
2
In regulation 2(1) (interpretation)101, 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 18 (circumstances in which the condition that the claimant is not receiving education does not apply) after “disability living allowance” insert “, armed forces independence payment”.
4
In regulation 158(3) (meaning of “person in hardship”)—
a
in sub-paragraph (b), after “the care component” insert “, armed forces independence payment”;
b
in sub-paragraph (c), after “disability living allowance” insert “, armed forces independence payment”;
c
in sub-paragraph (d)(i), after “the care component” insert “, armed forces independence payment”; and
d
in sub-paragraph (d)(ii), after “disability living allowance” insert “, armed forces independence payment”.
5
In Schedule 4 (amounts)—
a
in paragraph 4(2)—
i
omit “or” after sub-paragraph (b);
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)102, after “daily living component” insert “, armed forces independence payment”;
ii
in sub-paragraph (2)(b)(i)103, after “daily living component” insert “, armed forces independence payment”;
iii
in sub-paragraph (2)(b)(ii), after each place “daily living component” appears, insert “, armed forces independence payment”; and
iv
in sub-paragraph (4)(a), after “daily living component” insert “, armed forces independence payment”;
c
in paragraph 7 (enhanced disability premium)—
i
omit “or” after sub-paragraph (1)(b)(ii); and
ii
after sub-paragraph (1)(c) insert—
; or
d
armed forces independence payment is payable in respect of—
i
the claimant; or
ii
the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit.
6
In Schedule 6 (housing costs)—
a
in paragraph 15(11)(b) (linking rule)104, after “disability living allowance” insert “, armed forces independence payment”; and
b
in paragraph 19 (non-dependant deductions)—
i
omit “or” after sub-paragraph (6)(b)(ii);
ii
after sub-paragraph (6)(b)(iii) insert—
; or
iv
armed forces independence payment.
iii
in sub-paragraph (8)(a), after “disability living allowance” insert “, armed forces independence payment”.
7
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), insert—
66
Any armed forces independence payment.
Amendment of the Magistrates’ Courts Fees Order 2008I3838
1
The Magistrates’ Courts Fees Order 2008105 is amended as follows.
2
In Schedule 2 (remissions and part-remissions) (interpretation), in paragraph 1(1)106, in the definition of “excluded benefits”—
a
omit “and” at the end of paragraph (g); and
b
after paragraph (h) insert—
and
i
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Civil Proceedings Fees Order 2008I3939
1
The Civil Proceedings Fees Order 2008107 is amended as follows.
2
In Schedule 2 (remissions and part remissions) (interpretation), in paragraph 1(1)108, in the definition of “excluded benefits”—
a
omit “and” at the end of paragraph (g); and
b
after paragraph (h) insert—
and
i
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Family Proceedings Fees Order 2008I4040
1
The Family Proceedings Fees Order 2008109 is amended as follows.
2
In Schedule 2 (remissions and part remissions) (interpretation), in paragraph 1(1)110, in the definition of “excluded benefits”—
a
omit “and” at the end of paragraph (g); and
b
after paragraph (h) insert—
and
i
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Criminal Defence Service (Contribution Orders) Regulations 2009I4141
1
The Criminal Defence Service (Contribution Orders) Regulations 2009111 are amended as follows.
2
In regulation (2)(1)(interpretation) in the paragraph defining “gross annual income”, after sub-paragraph (g) insert—
h
any armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Education (Student Loans) (Repayment) Regulations 2009I4242
1
The Education (Student Loans) (Repayment) Regulations 2009112 is amended as follows.
2
In regulation 9 (interpretation), in the definition of “disability-related benefit” in sub-paragraph (1), after “Welfare Reform Act 2012” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”.
Amendment of the Supreme Court Fees Order 2009I4343
1
The Supreme Court Order 2009113 is amended as follows.
2
In Schedule 2 (remissions and part remissions) (interpretation) in paragraph 1(1), in the definition of “excluded benefits”—
a
omit “and” at the end of paragraph (g); and
b
after paragraph (h) insert—
and
i
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations 2010I4444
1
The Social Security (Contributions Credits for Parents and Carers) Regulations 2010114 are amended as follows.
2
In regulation 2(1) (interpretation) in the definition of “relevant benefit” after sub-paragraph (f) insert—
g
armed forces independence payment in accordance with the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011I4545
1
The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011115 is amended as follows.
2
In Schedule 2 (remissions and part remissions) (interpretation) in sub-paragraph 1(1), in the definition of “excluded benefits”—
a
omit “and” at the end of paragraph (g); and
b
after paragraph (h) insert—
and
i
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
Amendment of the Police and Crime Commissioner Elections Order 2012I4646
1
The Police and Crime Commissioner Elections Order 2012116 is amended as follows.
2
In Schedule 2 (absent voting in PCC elections: additional requirements referred to in paragraph 14(4)), in paragraph 15(6)—
a
omit “or” at the end of sub-paragraph (b); and
b
after sub-paragraph (c) insert—
, or
d
the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application.
Amendment of the Child Support Maintenance Calculation Regulations 2012I4747
1
The Child Support Maintenance Calculation Regulations 2012117 are amended as follows.
2
In regulation 64 (illness or disability of relevant other child)—
a
in paragraph (2)(a)(i) after “disability living allowance” insert “, armed forces independence payment”;
b
after paragraph (2)(g) insert—
h
“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
c
in paragraph (3)(b) after “disability living allowance” insert “, armed forces independence payment”.
Amendment of the Benefit Cap (Housing Benefit) Regulations 2012I4848
1
The Benefit Cap (Housing Benefit) Regulations 2012118 are amended as follows.
2
In regulation 2(5)(amendment of the Housing Benefit Regulations 2006), in sub-paragraph (ea) of the inserted regulation 75F, after “personal independence payment” insert “or an armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.
Amendment of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013I4949
1
The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013119 are amended as follows.
2
In regulation 24 (payments to be disregarded from calculation of disposable income or gross income)—
a
omit “and” in sub-paragraph (1)(m); and
b
after “2012” in sub-paragraph (1)(n) insert—
;
o
any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
Amendment of the Criminal Legal Aid (Financial Resources) Regulations 2013I5050
1
The Criminal Legal Aid (Financial Resources) Regulations 2013120 are amended as follows.
2
In regulation 11 (disposable income: deductions)—
a
omit “and” in sub-paragraph (2)(g); and
b
after “Act” in sub-paragraph (2)(h) insert—
;
i
any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
3
in regulation 20 (assessment of resources: gross annual income)—
a
delete “and” in sub-paragraph (2)(g); and
b
after “Act” in sub-paragraph (2)(h) insert—
;
i
any armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
Amendment of the Employment and Support Allowance Regulations 2013I5151
1
The Employment and Support Allowance Regulations 2013121 are amended as follows.
2
In regulation 94 (meaning of “person in hardship”)—
a
in sub-paragraph (3)(a) after “attendance allowance,” insert “armed forces independence payment,”;
b
in sub-paragraph (3)(b) after “attendance allowance,” insert “armed forces independence payment,”;
c
in sub-paragraph (3)(c)(i) after “attendance allowance,” insert “armed forces independence payment,”; and
d
in sub-paragraph (3)(c)(ii) after “attendance allowance,” insert “armed forces independence payment,”.
e
in sub-paragraph (7) 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;
Amendment of the Jobseeker’s Allowance Regulations 2013I5252
1
The Jobseeker’s Allowance Regulations 2013122 are amended as follows.
2
In regulation 42 (remunerative work)—
a
in paragraph (3)(c)(i)—
i
omit “or” after “the care component”; and
ii
after “the daily living component” insert “or armed forces independence payment,”;
b
in paragraph (3)(c)(ii) after “attendance allowance,” insert “armed forces independence payment,”;
c
in paragraph (3)(c)(iv) after “claimed either an attendance allowance,” insert “armed forces independence payment,”;
d
in paragraph (3)(c)(iv) after “award of attendance allowance,” insert “armed forces independence payment,”; and
e
in paragraph (4) 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;
Amendment of the Universal Credit (Transitional Provisions) Regulations 2013I5353
1
The Universal Credit (Transitional Provisions) Regulations 2013123 are amended as follows.
2
In regulation 27(3)(e) (transition from other incapacity benefits: claimants approaching pensionable age)—
a
omit “or” after paragraph (e)(ii); and
b
after paragraph (e)(iii) insert—
; or
iv
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
Amendment of the Universal Credit Regulations 2013I5454
1
The Universal Credit Regulations 2013124 are amended as follows.
2
In regulation 2 (interpretation) in the definition of “attendance allowance”, after paragraph (1)(e) insert—
f
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;