The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016

Amendment of the Social Security (Overlapping Benefits) Regulations

9.—(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a) before the definition of “the Act” insert—

““the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;”;

(b) after the definition of “contributory benefit”(2) insert—

““the daily living component of personal independence payment” means a payment in accordance with Article 83 of the 2015 Order;”;

(c) for the definition of “the enhanced rate”(3) substitute—

““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 Personal Independence Payment Regulations (Northern Ireland) 2016;”; and

(d) after the definition of “personal benefit”(4) insert—

““personal independence payment” means personal independence payment under Part 5 of the 2015 Order;”.

(3) In regulation 6 (adjustments of personal benefit 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) for paragraph (3)(5) substitute—

“(3) Paragraph (1) and Schedule 1 have effect in relation to—

(a) the following allowances and payments—

(i) armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate,

(ii) an attendance allowance,

(iii) the care component of disability living allowance, and

(iv) the daily living component of personal independence payment; and

(b) any benefit by reference to which an allowance or payment under sub-paragraph (a) is to be adjusted,

as requiring adjustment where both that allowance or payment and the benefit are payable in respect of the same person (whether or not one or both of them are payable to that person).”.

(4) In regulation 16(6) (persons to be treated as entitled to benefit for certain purposes)—

(a) after “Part 1 of the Welfare Reform Act” in the first place insert “, Part 5 of the 2015 Order”; and

(b) after “Part 1 of the Welfare Reform Act and regulations made under it” insert “, Part 5 of the 2015 Order and regulations made under it”.

(5) In regulation 17(7) (prevention of double adjustments) for “or Part 1 of the Welfare Reform Act”, in both places where it occurs, substitute “, Part 1 of the Welfare Reform Act or Part 5 of the 2015 Order”.

(6) In paragraph 5 of 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)(8), in column 1 after “disability living allowance” insert “, the daily living component of personal independence payment”.

(1)

S.R. 1979 No. 242; relevant amending Rules are S.R. 1980 No. 451, S.R. 1992 No. 6, S.R. 1996 No. 289, S.R. 2005 No. 299, S.R. 2008 No. 286 and S.I. 2013/3021

(2)

The definition of “contributory benefit” was inserted by regulation 11(2)(b) of S.R. 1996 No. 289 and amended by regulation 9(2)(b) of S.R. 2008 No. 286

(3)

The definition of “the enhanced rate” was inserted by Article 13(2)(b) of S.I. 2013/3021

(4)

The definition of “personal benefit” was amended by regulation 2(a) of S.R. 1980 No. 451, regulation 11(2)(c) of S.R. 1996 No. 289, regulation 4(a) of S.R. 2005 No. 299 and regulation 9(2)(c) of S.R. 2008 No. 286

(5)

Regulation 6(3) was amended by regulation 5(3) of S.R. 1992 No. 6 and Article 13(3) of S.I. 2013/3021

(6)

Regulation 16 was amended by regulation 11(6) of S.R. 1996 No. 289, regulation 9(5) of S.R. 2008 No. 286 and Article 13(4) of S.I. 2013/3021

(7)

Regulation 17 was amended by regulation 9(6) of S.R. 2008 No. 286

(8)

In column 1 paragraph 5 was substituted by Article 13(5)(b) of S.I. 2013/3021