SCHEDULES
SCHEDULE 9Personal independence payment: amendments
The Child Support (Northern Ireland) Order 1991 (NI 23)I151
In Article 10 of the Child Support (Northern Ireland) Order 1991 (role of the courts with respect to maintenance for children), in paragraph (8)(a), at the beginning insert “
an allowance under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 (personal independence payment) or
”
.
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)I12
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended as follows.
3
In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a) insert—
aa
is entitled to the daily living component of personal independence payment at a rate designated by regulations under this paragraph, or
I24
1
Section 64 (entitlement to attendance allowance) is amended as follows.
2
In subsection (1), for “the care component of a disability living allowance” substitute “
an allowance within subsection (1A)
”
.
3
After subsection (1) insert—
1A
The following allowances are within this subsection—
a
personal independence payment;
b
the care component of a disability living allowance.
I165
In section 146 (Christmas bonus for pensioners: interpretation), in subsection (1), after paragraph (ba) insert—
bb
personal independence payment;
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)I36
The Social Security Administration (Northern Ireland) Act 1992 is amended as follows.
7
I41
Section 1 (entitlement to benefit dependent on claim) is amended as follows.
I172
In subsection (3)—
a
before paragraph (a) insert—
za
for personal independence payment by virtue of Article 87 of the Welfare Reform (Northern Ireland) Order 2015; or
b
paragraph (b) and the “or” preceding it are repealed.
I43
In subsection (4), after paragraph (ac) insert—
ad
personal independence payment.
I58
In section 5(2) (regulations about claims for and payments of benefit), after paragraph (ac) insert—
ad
personal independence payment;
I189
In section 69(11) (overpayments), after paragraph (ac) insert—
ad
personal independence payment;
I1910
In section 71 (overlapping benefits - general), after subsection (5) insert—
6
Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 121 of the Contributions and Benefits Act.
I2011
In section 115CA (interpretation of Part 6), in subsection (1), after paragraph (hj) (inserted by Schedule 2 to this Order) insert—
hk
Part 5 of that Order;
I2112
In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
, Part 5 of that Order
”
.
I2213
In section 116C (supply of information to the Housing Executive), in subsection (6)(b), after “Welfare Reform Act (Northern Ireland) 2007” insert “
, Part 5 of the Welfare Reform (Northern Ireland) Order 2015
”
.
I2314
In section 118 (regulations as to notifications of deaths), in subsection (1), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
, Part 5 of that Order
”
.
I2415
In section 139 (effect in alteration in the component rates of income support), in subsection (5), in the definition of “benefit income”, after “income support;” insert—
aa
personal independence payment;
I2516
In section 139A (effect of alteration of rates of a jobseeker's allowance), in subsection (5), in the definition of “benefit income”, after “Contributions and Benefits Act;” insert—
aa
personal independence payment;
I2617
In section 139B (effect of alterations affecting state pension credit), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” insert “
or personal independence payment
”
.
I2718
In section 139C (effect of alteration of rates of an employment and support allowance), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” insert “
or personal independence payment
”
.
I2819
In section 140 (implementation of increases in income support due to attainment of particular ages), in subsection (3), after “entitlement to” insert “
personal independence payment or to
”
.
I2920
In section 140A (implementation of increases in income-based jobseeker's allowance due to attainment of particular ages), in subsection (3), after “Contributions and Benefits Act;” insert—
aa
personal independence payment;
I3021
In section 140B (implementation of increases in employment and support allowance due to attainment of particular ages), in subsection (3), for the words from “a benefit” to the end substitute—
a
a benefit under the Contributions and Benefits Act; or
b
personal independence payment.
I3122
In section 145 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” (inserted by Schedule 2 to this Order) insert “
, personal independence payment
”
.
I3223
In section 149 (functions of Social Security Advisory Committee in relation to legislation and regulations), in subsection (5), after paragraph (ak) (inserted by Schedule 2 to this Order) insert—
al
Part 5 of that Order;
I3324
1
Section 155 (reciprocal agreements) is amended as follows.
2
In subsection (3)(a), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
, Part 5 of that Order
”
.
3
In subsection (4), after paragraph (ae) (inserted by Schedule 2 to this Order) insert—
af
to Part 5 of that Order;
I3425
In section 156 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
, Part 5 of that Order
”
.
I3526
In section 158B (information about postal redirection), in subsection (5)(b), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
, Part 5 of that Order
”
.
I3627
In section 160 (control of pneumoconiosis), in subsection (1)(c) for “benefit as defined in section 121 of the Contributions and Benefits Act” substitute “
personal independence payment, or benefit as defined in section 121 of the Contributions and Benefits Act,
”
.
I3728
In section 163 (inalienability), in subsection (1), after paragraph (ac) insert—
ad
personal independence payment;
I6I3829
In section 167 (interpretation), in subsection (1), in the definition of “benefit”, for “, state pension credit and an employment and support allowance” substitute “
state pension credit, an employment and support allowance and personal independence payment
”
.
I3930
In Schedule 5 (regulations not requiring prior submission to Social Security Advisory Committee), before paragraph 1 insert—
Personal independence payment
A1
Regulations under Article 83(3) or 84(3) of the Welfare Reform (Northern Ireland) Order 2015.
The Road Traffic (Northern Ireland) Order 1995 (NI 18)I4031
In Article 25 of the Road Traffic (Northern Ireland) Order 1995 (payments in respect of applicants for exemption from wearing seat belts), in paragraph (2), after sub-paragraph (a) insert—
aa
those in receipt of personal independence payment;
The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)I4132
The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 is amended as follows.
I4233
In Article 2(2) (interpretation), in the definition of “benefit”, after “employment and support allowance” insert “
, personal independence payment
”
.
I4334
In Schedule 2 (calculation of compensation payment), in the table—
a
in the section relating to compensation for cost of care incurred during the relevant period, in the second column, after the entry for attendance allowance insert—
Daily living component of personal independence payment
b
in the section relating to compensation for loss of mobility during the relevant period, in the second column, after the entry for mobility allowance insert—
Mobility component of personal independence payment
The Social Security (Northern Ireland) Order 1998 (NI 10)I735
The Social Security (Northern Ireland) Order 1998 is amended as follows.
I4436
In Article 4(2) (use of computers), after sub-paragraph (k) (inserted by Schedule 2 to this Order) insert—
or
l
Part 5 of that Order.
I8I4537
In Article 9 (decisions by the Department)—
a
in paragraph (3), after sub-paragraph (ba) insert—
baa
personal independence payment;
b
in paragraph (4), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
or Part 5 of that Order
”
.
I938
In Article 12(3) (regulations with respect to decisions), in the definition of “the current legislation”, after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
and Part 5 of that Order
”
.
I10I4639
In Article 27(7) (restrictions on entitlement to benefit in cases of error), in the definition of “benefit”—
a
after sub-paragraph (de) insert—
df
personal independence payment;
b
in sub-paragraph (e) for “to (de)” substitute “
to (df)
”
.
I1140
In Article 28(3) (correction of errors in decisions etc.), after sub-paragraph (h) (inserted by Schedule 2 to this Order) insert—
or
i
Part 5 of that Order.
I4741
In Schedule 3 (decisions against which an appeal lies), in paragraph 3—
a
in paragraph (f), the final “or” is repealed;
b
after paragraph (g) insert—
h
regulations made under Article 90(1) or 91(1) of the Welfare Reform (Northern Ireland) Order 2015;
i
Article 92 of that Order.
The Immigration and Asylum Act 1999 (c. 33)I4842
In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits), in subsection (2), after “Welfare Reform (Northern Ireland) Order 2015” (inserted by Schedule 2 to this Order) insert “
, to personal independence payment under Part 5 of that Order
”
.
The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)I1243
The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows.
I1344
In section 5A (definitions) in the definition of “disqualifying benefit”, after paragraph (c) insert—
ca
any benefit under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);
I1445
In section 9 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Order) insert—
be
any benefit under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);