SCHEDULE 5Amendment of the Housing Benefit Regulations 2006

Amendment of regulation 2 (interpretation)2

In regulation 2(1)—

a

after the definition of “child”, insert—

  • “child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;

b

in the definition of “child who cannot share a bedroom”, for paragraph (a) substitute—

a

who is entitled to—

i

the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

ii

the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; and

c

after the definition of “Crown tenant”, insert—

  • “the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

d

in the definition of “member of a couple who cannot share a bedroom”, after paragraph (a)(ii), insert—

iia

the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;

e

in the definition of “person who requires overnight care”, in paragraph (a)—

i

after sub-paragraph (ii), insert—

iiza

is in receipt of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;

ii

in sub-paragraph (iii), after “(ii)” insert “, (iiza)”.