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

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Citation and commencement

1.  These Regulations may be cited as the Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 and come into operation on 20th June 2016.

PART 1SUPPLEMENTARY PROVISIONS

Adjustment of personal independence payment where medical expenses are paid from public funds under war pensions instruments

2.—(1) Paragraph (2) applies where a person (“P”) is provided with relevant accommodation.

(2) Subject to regulation 3, where there are payable in respect of P both a payment under Article 25B or Article 21 and personal independence payment which is attributable to the daily living component in accordance with Article 83 of the 2015 Order, the personal independence payment, in so far as it is so attributable, is to be adjusted by deducting from it the amount of the payment under Article 25B or Article 21, as the case may be, and only the balance is payable.

(3) In paragraph (2)—

“Article 25B” means Article 25B of the Personal Injuries (Civilians) Scheme 1983(1) (medical expenses) and includes that Article as applied by Article 48B of that Scheme;

“Article 21” means Article 21 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(2) (medical expenses);

and in both this regulation and regulation 3 “relevant accommodation” means accommodation provided as necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to Article 25B or Article 21 and “the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015.

Exemption from regulation 2

3.—(1) Regulation 2 does not apply to P in respect of the first 28 days of any period during which the amount of any personal independence payment attributable to the daily living component in accordance with Article 83 of the 2015 Order would be liable to be adjusted by virtue of regulation 2.

(2) For the purposes of paragraph (1), two or more distinct periods separated by an interval not exceeding 28 days, or by two such intervals, are to be treated as a continuous period equal in duration to the aggregate of such distinct periods and ending on the last day of the later or last such period.

(3) For the purposes of this regulation, a “relevant day” in relation to P means a day which fell not earlier than 28 days before the first day on which P was provided with relevant accommodation and either—

(a)was a day when P was undergoing medical treatment in a hospital or similar institution in any of the circumstances mentioned in regulation 29 of the Personal Independence Payment Regulations (Northern Ireland) 2016(3); or

(b)was a day when P was, or would but for regulation 30 of those Regulations have been, prevented from receiving personal independence payment attributable to the daily living component by virtue of regulation 29(1) of those Regulations,

and where there is in relation to P a relevant day, paragraph (1) has effect as if for “28 days” there was substituted such lesser number of days as is produced by subtracting from 28 the number of relevant days in that case.

Amendment of the Disabled Persons (Badges for Motor Vehicles) Regulations

4.—(1) The Disabled Persons (Badges for Motor Vehicles) Regulations (Northern Ireland) 1993(4) are amended in accordance with paragraphs (2) and (3).

(2) After regulation 4(2)(f)(5) (descriptions of disabled persons) add—

(g)receives the mobility component of personal independence payment at either the standard rate or the enhanced rate under Article 84(3) of the Welfare Reform (Northern Ireland) Order 2015 by virtue of obtaining a score of at least 8 points in relation to the “moving around” activity in an assessment carried out under the Personal Independence Payment Regulations (Northern Ireland) 2016..

(3) In regulation 5(b)(6) (period for which a badge issues)—

(a)for “or (d)” substitute “, (d) or (g)”; and

(b)in head (ii) for “or the mobility supplement” substitute “, the mobility supplement or the mobility component of personal independence payment”.

PART 2CONSEQUENTIAL AMENDMENTS

Amendment of the Social Security Contributions and Benefits Act

5.—(1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992(7) is amended in accordance with paragraphs (2) to (4).

(2) For section 70(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(8) (carer’s allowance) substitute—

(2) In this section, “severely disabled person” means a person in respect of whom there is payable—

(a)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(9);

(b)an attendance allowance;

(c)a disability living allowance by virtue of entitlement to the care component at the highest or middle rate;

(d)personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate; or

(e)such other payment out of public funds on account of his need for attendance as may be prescribed..

(3) In section 121(1) (interpretation of Parts I to VI and supplementary provisions), after the definition of “pensionable age”(10) insert—

“personal independence payment” means a payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015;.

(4) In section 146(1)(bb)(11) (Christmas bonus for pensioners: interpretation), after “payment” insert “under Part 5 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Social Security Administration Act

6.  After section 139D of the Social Security Administration (Northern Ireland) Act 1992(12) (effect of alterations affecting universal credit) insert—

Effect of alteration of rates of personal independence payment

139E.(1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—

(a)an award of personal independence payment is in force in favour of any person (“the recipient”); and

(b)an alteration in the rate of any component of personal independence payment affects the amount of personal independence payment to which he is entitled.

(2) Where, as a result of the alteration, the amount of personal independence payment to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of personal independence payment in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of personal independence payment as before, the award shall continue in force accordingly.

(4) Subsection (5) applies where a statement mentioned in section 159E(4) of the Great Britain Administration Act(13) is made.

(5) If, in a case where this subsection applies, an award of personal independence payment is made in favour of a person before “the proposed commencing date” (within the meaning of section 159E(4) of the Great Britain Administration Act) and after the date on which the statement is made, the award—

(a)may provide for personal independence payment to be paid as from the proposed commencing date by reference to the rates of the component of personal independence payment which will be in force on that date; or

(b)may be expressed in terms of the rates of those components in force at the date of the award.

(6) In this section—

“alteration” means alteration by or under any enactment;

“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

“component”, in relation to personal independence payment, means the daily living component or mobility component (see Articles 83 and 84 of the Welfare Reform (Northern Ireland) Order 2015)..

Amendment of the Social Security (Invalid Care Allowance) Regulations

7.  In regulation 9(2) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(14) (conditions relating to residence and presence in Northern Ireland), for sub-paragraph (b) substitute—

(b)if his absence is temporary and for the specific purpose of caring for the severely disabled person who is also absent from Northern Ireland and where any of the following is payable in respect of that disabled person for that day—

(i)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,

(ii)attendance allowance,

(iii)the care component of disability living allowance at the highest or middle rate,

(iv)the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the Welfare Reform (Northern Ireland) Order 2015, or

(v)a payment specified in regulation 3(1) of these Regulations..

Amendment of the Social Security Benefit (Persons Abroad) Regulations

8.  In regulation 2(1A) of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(15) (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance) for “or disability living allowance” substitute “, disability living allowance or personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Social Security (Overlapping Benefits) Regulations

9.—(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(16) 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”(17) 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”(18) 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”(19) 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)(20) 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(21) (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(22) (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)(23), in column 1 after “disability living allowance” insert “, the daily living component of personal independence payment”.

Amendment of the Local Elections Order

10.  In Schedule 2 to the Local Elections (Northern Ireland) Order 1985(24) (absent voting - voting by post, by proxy and by post as proxy)—

(a)at the end of paragraph 6(4)(b)(ii), omit “or”; and

(b)after paragraph 6(4)(b)(iii) insert—

or

(iv)the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the Welfare Reform (Northern Ireland) Order 2015),.

Amendment of the Income Support (General) Regulations

11.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(25) are amended in accordance with paragraphs (2) to (7).

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

(a)after the definition of “the 1998 Order”(26) insert—

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

(b)in the definition of “the benefit Acts”(27) for “and Part 1 of the Pensions Act (Northern Ireland) 2015” substitute “, Part 1 of the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order”; and

(c)after the definition of “period of study”(28) insert—

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

(3) In regulation 4(2)(c)(v)(aa)(29) (temporary absence from Northern Ireland) for “or the highest rate of the care component of disability living allowance” substitute “, the highest rate of the care component of disability living allowance or the enhanced rate of the daily living component of personal independence payment”.

(4) In paragraph 4 of Schedule 1B (prescribed categories of person: persons caring for another person), in head (a)(30)—

(a)in sub-head (i) for the words “or the care component” to the end substitute “, 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”;

(b)in sub-head (iii) for “or a disability living allowance” substitute “, a disability living allowance or personal independence payment”; and

(c)after sub-head (iiia)(31) add—

(iv)the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 32 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(32) (advance claim for and award of personal independence payment), an award at the standard or enhanced rate 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 the payment, or.

(5) In Schedule 2 (applicable amounts)—

(a)in paragraph 7(2)(33) (premiums)—

(i)for “attendance allowance or” substitute “attendance allowance,”, and

(ii)after “the principal Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”;

(b)in paragraph 12 (additional condition for the higher pensioner and disability premiums)—

(i)in sub-paragraph(1)(a)(i)(34) after “disability living allowance,” insert “personal independence payment,”, and

(ii)in sub-paragraph (1)(d)(35)—

(aa)for “or disability living allowance” substitute “, disability living allowance or personal independence payment”, and

(bb)in sub-head (i) for “or the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992” substitute “, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 or regulations made under Article 91(1) of the 2015 Order (hospital in-patients)”;

(c)in paragraph 13 (severe disability premium)—

(i)in sub-paragraph (2)(a)(i)(36)—

(aa)for “attendance allowance or” substitute “attendance allowance,”, and

(bb)after “the principal Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (2)(b)(i)(37)—

(aa)for “attendance allowance or” substitute “attendance allowance,”, and

(bb)after “the principal Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(iii)in sub-paragraph (2)(b)(ii) for “such an allowance” substitute “such a payment or allowance”,

(iv)in sub-paragraph (3)(a)(38)—

(aa)for “attendance allowance or” substitute “attendance allowance,”, and

(bb)after “the principal Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(v)after sub-paragraph (3A)(b)(39) add—

(c)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order if he would, but for a suspension of benefit in accordance with regulations under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt., and

(vi)in paragraph 13A(40) (enhanced disability premium)—

(aa)omit “or” at the end of sub-paragraph (1ZA)(a), and

(bb)after head (b) add—

or

(c)the daily living component of personal independence payment is, or would, but for regulations made under Article 91(1) (hospital in-patients) of the 2015 Order, be payable to that person at the enhanced rate in accordance with Article 83(2) of the 2015 Order.; and

(d)in paragraph 14(41) (disabled child premium)—

(i)in sub-paragraph (1) after head (a) insert—

(aa)a young person who is in receipt of personal independence payment or who would, but for regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt provided that the young person continues to be a member of the family;,

(ii)in sub-paragraph (2) after “(a)” insert “, (aa)”.

(6) In paragraph 18 of Schedule 3(42) (housing costs: non-dependant deductions)—

(a)omit “or” at the end of sub-paragraph (6)(b)(i)(43);

(b)after sub-paragraph (6)(b)(ii) add—

or

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

(c)in sub-paragraph (8)(a)(44) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 6(45) after “allowance” insert “or the mobility component of personal independence payment”; and

(b)in paragraph 9(46) for “or the care component of a disability living allowance” substitute “, the care component of disability living allowance or the daily living component of personal independence payment”.

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

12.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(47) are amended in accordance with paragraphs (2) and (3).

(2) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M)—

(a)in paragraph 8(48) after “disability living allowance,” insert “personal independence payment,”; and

(b)in paragraph 15(49) after “Order 2011,” insert “personal independence payment”.

(3) In Schedule 4 (cases where child support maintenance is not to be payable)—

(a)omit “and” at the end of paragraph (c)(50); and

(b)after paragraph (d)(51) add—

and

(e)personal independence payment in accordance with Part 5 of the Welfare Reform (Northern Ireland) Order 2015..

Amendment of the Social Security (Incapacity Benefit) Regulations

13.  In regulation 25 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(52) (person whose benefit is not to be reduced under section 30DD(1)) for “or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011” substitute “, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or the enhanced rate of the daily living component of personal independence payment under Article 83(2) of the Welfare Reform (Northern Ireland) Order 2015.”.

Amendment of the Jobseeker’s Allowance Regulations

14.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(53) are amended in accordance with paragraphs (2) to (9).

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

(a)after the definition of “the 1998 Order”(54) insert—

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

(b)in the definition of “the benefit Acts”(55) for “and the Pensions Act (Northern Ireland) 2015” substitute “, the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order;”;

(c)after the definition of “period of study”(56) insert—

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

(d)after the definition of “training allowance”(57) insert—

“the Universal Credit etc. Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016;.

(3) In regulation 51(3)(c)(58) (remunerative work)—

(a)in head (i) for “or the care component of disability living allowance at the highest or middle rate” substitute “, the care component of disability living allowance at the highest or middle rate or the daily living component of personal independence payment at the standard or enhanced rate”;

(b)in head (ii) for “or a disability living allowance” substitute “, disability living allowance or personal independence payment”; and

(c)after head (iv) add—

or

(v)a person who has claimed personal independence payment and has an award of the daily living component at the standard or enhanced rate under Article 83 of the 2015 Order for a period commencing after the date on which that claim was made..

(4) In regulation 140(1)(h)(59)(meaning of “person in hardship”)—

(a)in head (i) for “or the care component of disability living allowance at one of the 2 higher rates prescribed under section 72(4) of the Benefits Act” substitute “, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order”;

(b)in head (ii) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”;

(c)omit “or” at the end of head (iia); and

(d)after head (iii) insert—

or

(iv)has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order for a period commencing after the date on which that claim was made,.

(5) In regulation 146A(1)(e)(60)(meaning of “couple in hardship”)—

(a)in head (i) for “or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act (the care component)” substitute “, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order”;

(b)in head (ii) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”;

(c)omit “or” at the end of head (iia); and

(d)after head (iii) insert—

or

(iv)has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order for a period commencing after the date on which that claim was made,.

(6) In paragraph 3(a) of Schedule A1(61) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order)—

(a)in head (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 Benefits Act (the care component)” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”;

(b)in head (iv) for “or a disability living allowance” substitute “, a disability living allowance or personal independence payment”;

(c)omit “or” at the end of head (iv); and

(d)after head (v) add—

or

(vi)the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 32 of the Universal Credit etc. Claims and Payments Regulations (advance claim for and award of personal independence payment), an award of the standard or enhanced rate of the daily living component 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)(62) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”;

(b)in paragraph 14(1)(63) (additional conditions for higher pensioner and disability premium)—

(i)after head (c) insert—

(ca)the claimant or, as the case may be, his partner, is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 53(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);,

(ii)after head (f) insert—

(fa)the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 56 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);,

(iii)omit “or” at the end of head (g)(i), and

(iv)after head (g)(ii) add—

or

(iii)entitled to personal independence payment but no amount is payable in accordance with regulations made under Article 91(1) of the 2015 Order (hospital in-patients),;

(c)in paragraph 15 (severe disability premium)—

(i)in sub-paragraph (1)(a)(64) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (2)(a)(65) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”)” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”) or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(iii)in sub-paragraph (4)(a)(66) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”, and

(iv)after sub-paragraph (5)(a)(67) insert—

(aa)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order if he would, but for regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt;;

(d)in paragraph 15A(1ZA)(68) (enhanced disability premium)—

(i)omit “or” at the end of head (a), and

(ii)after head (b) add—

or

(c)the daily living component of personal independence payment is, or would, but for a suspension of benefits in accordance with regulations under Article 91(1) of the 2015 Order (hospital in-patients), be payable to that person at the enhanced rate in accordance with Article 83(2) of the 2015 Order.;

(e)in paragraph 16(69) (disabled child premium)—

(i)after sub-paragraph (1)(a) insert—

(aa)a young person who is in receipt of personal independence payment or who would, but for regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt, provided that the young person continues to be a member of the family;, and

(ii)in sub-paragraph (2) after “(1)(za), (a)” insert “, (aa)”;

(f)in paragraph 20D(2)(70) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”;

(g)in paragraph 20H(1)(71) (additional conditions for higher pensioner and disability premium)—

(i)after head (c) insert—

(ca)is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 53(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);,

(ii)after head (g) insert—

(ga)is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 56 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);,

(iii)omit “or” at the end of head (h)(i), and

(iv)after head (h)(ii) insert—

or

(iii)entitled to personal independence payment but no amount is payable in accordance with regulations under Article 91(1) of the 2015 Order (hospital in-patients),;

(h)in paragraph 20I(72) (severe disability premium)—

(i)in sub-paragraph (1)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”)” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”) or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (1)(b) for “such an allowance” substitute “such a payment or allowance”,

(iii)in sub-paragraph (3)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”, and

(iv)after sub-paragraph (4)(b) add—

(c)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order if he would, but for regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt.; and

(i)in paragraph 20IA(73) (enhanced disability premium), for sub-paragraph (1) substitute—

(1) Subject to sub-paragraph (2), the condition is that in respect of a member of a joint-claim couple who has not attained the qualifying age for state pension credit—

(a)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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act; or

(b)the daily living component of personal independence payment is, or would, but for regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be payable at the enhanced rate in accordance with Article 83(2) of the 2015 Order or armed forces independence payment is payable..

(8) In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions)—

(a)at the end of sub-paragraph (6)(b)(i)(74) omit “or”;

(b)after sub-paragraph (6)(b)(ii) add—

or

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

(c)in sub-paragraph (8)(a)(75) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 7 after “disability living allowance” insert “or the mobility component of personal independence payment”; and

(b)in paragraph 10 for “or the care component of disability living allowance” substitute “, the care component of disability living allowance or the daily living component of personal independence payment”.

Amendment of the Adoption Allowance Regulations

15.—(1) The Adoption Allowance Regulations (Northern Ireland) 1996(76) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation), after the definition of “maternity allowance” insert—

“personal independence payment” means personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015;.

(3) In regulation 3(3)(77) (amount of the allowance) for “or armed forces independence payment” substitute “, armed forces independence payment or personal independence payment”.

Amendment of the Social Security Benefit (Computation of Earnings) Regulations

16.  In paragraph 8 of Schedule 2 to the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(78) (child care charges to be deducted in the calculation of earnings)—

(a)after head (b)(vii) add—

(viii)personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015;; and

(b)in head (c)—

(i)after “pension” insert “, payment”,

(ii)for “or (vi)” substitute “, (vi) or (viii)”,

(iii)the words from “in consequence of his becoming a patient” to the end becomes sub-head (i), and

(iv)after that sub-head insert—

or

(ii)in accordance with regulations made under Article 91(1) (hospital in-patients) of the Welfare Reform (Northern Ireland) Order 2015;.

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations

17.  In regulation 15 of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996(79) (illness or disability)—

(a)in paragraph (3)—

(i)in sub-paragraph (b) for “the payment or either of the allowances” substitute “armed forces independence payment or a disability benefit”, and

(ii)for “the payment or allowance” substitute “armed forces independence payment or the disability benefit”;

(b)for paragraph (4) substitute—

(4) Subject to paragraph (4A), where the Department considers that a person who has made an application in respect of special expenses falling within paragraph (1) or his dependant may be entitled to armed forces independence payment or a disability benefit—

(a)if that applicant or his dependant has at the date of that application, or within a period of six weeks beginning with the giving or sending to that person of notification of the possibility of entitlement to armed forces independence payment or a disability benefit, applied for armed forces independence payment or a disability benefit, the application made by that applicant shall not be determined until a decision has been made by—

(i)the Secretary of State on the eligibility for armed forces independence payment, or

(ii)the Department on the eligibility for that disability benefit,

of that applicant or that dependant;

(b)if that applicant or his dependant has failed to apply for armed forces independence payment or a disability benefit within the six week period specified in sub-paragraph (a), the Department shall determine the application for a departure direction made by that applicant on the basis that that applicant has income equivalent to the highest rate prescribed in respect of armed forces independence payment or that disability benefit by or under those provisions.;

(c)in paragraph (4A) for “the payment or either of the allowances referred to in paragraph (4)” substitute “armed forces independence payment or a disability benefit”; and

(d)after paragraph (6)(c) add—

(d)“disability benefit” means attendance allowance under section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(80), disability living allowance under section 71 of that Act(81) or personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015;

(e)“armed forces independence payment” means a payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011..

Amendment of the Motor Vehicles (Driving Licences) Regulations

18.  In regulation 6 of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996(82)(minimum ages for holding or obtaining licences)—

(a)for paragraph (3) substitute—

(3) In item 5, the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person—

(a)who fulfils the requirements set out in paragraph (3A); or

(b)who is in receipt of personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 which includes the mobility component at the enhanced rate in pursuance of Article 84(2) of that Order.;

(b)after paragraph (3) insert—

(3A) The requirements referred to in paragraph (3)(a) are—

(a)the person has received an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(83);

(b)the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person; and

(c)the person has made a claim for personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015..

Amendment of the Education (Student Loans) Regulations

19.  In paragraph 1 of Schedule 2 to the Education (Student Loans) Regulations (Northern Ireland) 1998(84) (terms of loans), in the definition of “disability related benefits” after “Social Security Contributions and Benefits (Northern Ireland) Act 1992,” insert “personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015,”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

20.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(85) are amended in accordance with paragraphs (2) and (3).

(2) After paragraph 3(h) of Schedule 2A(86) (date from which superseding decision takes effect where a claimant is in receipt of income support or a jobseeker’s allowance) add—

(i)regulations under Article 91(1) of the Welfare Reform (Northern Ireland) Order 2015 (hospital in-patients) apply, or cease to apply, to the claimant for a period of less than one week..

(3) In paragraph 2 of Schedule 2B(87) (date on which change of circumstances takes effect where a claimant is entitled to state pension credit)—

(a)omit “or” at the end of sub-paragraph (b)(i);

(b)after sub-paragraph (b)(ii) add—

(iii)personal independence payment (standard or enhanced rate daily living component under Article 83 of the Welfare Reform (Northern Ireland) Order 2015); or

(c)in sub-paragraph (c) for “that payment or either of those allowances” substitute “any of the allowances or payments”.

Amendment of the Maternity and Parental Leave etc. Regulations

21.—(1) The Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999(88) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation) after the definition of “parental responsibility” insert—

“personal independence payment” means personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015;.

(3) In paragraph 7 of Schedule 2(89) (default provisions in respect of parental leave) for “or armed forces independence payment” substitute “, armed forces independence payment or personal independence payment”.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

22.—(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(90) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(3)(91) (interpretation) after the definition of “income-related employment and support allowance” add—

“personal independence payment” means personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015..

(3) In regulation 2 (persons not excluded from specified benefits under section 115 of the Act)—

(a)in paragraph (2)(92) after “Contributions and Benefits Act” insert “or personal independence payment”; and

(b)in paragraph (3) after “Contributions and Benefits Act” insert “or personal independence payment”.

(4) In the heading to Part II of the Schedule(93) (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999) after “disability living allowance,” insert “personal independence payment,”.

Amendment of the Child Support (Variations) Regulations

23.  In regulation 11 of the Child Support (Variations) Regulations (Northern Ireland) 2001(94) (special expenses - illness or disability of relevant other child)—

(a)in paragraph (2)(a)—

(i)in head (i) after “disability living allowance” insert “, personal independence payment”,

(ii)at the end of head (ii) omit “or”,

(iii)after head (iii) insert—

or

(iv)he would receive personal independence payment but for regulations under Article 91(1) of the Welfare Reform (Northern Ireland) Order 2015 (hospital in-patients) and he remains part of the applicant’s family;, and

(iv)after the definition of “disability living allowance” insert—

(iia)“personal independence payment” means an allowance payable under Article 83 of the Welfare Reform (Northern Ireland) Order 2015 (daily living component);; and

(b)for paragraph (3) substitute—

(3) Where, at the date on which the non-resident parent makes the variation application—

(a)he or a member of his household has received, or at that date is in receipt of, or where he or the member of his household will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child; or

(b)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, a disability living allowance or personal independence payment is received by the non-resident parent or the member of his household on behalf of the relevant other child,

only the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the payment or allowance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order..

Amendment of the Tax Credits (Claims and Notifications) Regulations

24.  In regulation 2 of the Tax Credits (Claims and Notifications) Regulations 2002(95) (interpretation), in the definition of “personal independence payment”, after “2012” insert “or Part 5 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the State Pension Credit Regulations

25.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(96) are amended in accordance with paragraphs (2) to (8).

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

(a)after the definition of “the 1972 Order” insert—

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

(b)after the definition of “pension fund holder”(97) insert—

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

(3) In regulation 15(1) (income for the purposes of the Act) after sub-paragraph (aa)(98) insert—

(ab)personal independence payment;.

(4) In Schedule 1—

(a)in paragraph 1(99)(severe disablement)—

(i)in sub-paragraph (1)(a)(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 “, 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (1)(b)(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 “, 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(iii)in sub-paragraph (1)(c)(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 “, 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(iv)in sub-paragraph (2)(a) for “or, as the case may be, 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 “, 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”, and

(v)after sub-paragraph (2)(b) insert—

(ba)for the purposes of sub-paragraph (1)(b) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order if he would, but for regulations made under Article 91(1) of that Order (hospital in-patients), be so in receipt;; and

(b)in paragraph 2(2)(a)(100) (persons residing with the claimant whose presence is ignored) 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 “, 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”.

(5) In Schedule 2 (housing costs)—

(a)in paragraph 1(2) (housing costs) in paragraph (b)(ia) of the definition of “disabled person”(101) at the start insert “is a person in respect of whom personal independence payment is payable or would be payable but for regulations under Article 91(1) of the 2015 Order (hospital in-patients) or”; and

(b)in paragraph 14 (persons residing with the claimant)—

(i)in sub-paragraph (6)(b)(102)—

(aa)omit “or” after sub-head (i), and

(bb)after sub-head (ii) add—

or

(iii)the daily living component of personal independence payment., and

(ii)in sub-paragraph (8)(a)(103) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(6) In paragraph 1(9)(104) of Schedule 3 (special groups: polygamous marriages) 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 “, 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”.

(7) After paragraph 20(2)(ba)(105) of Schedule 5 (income from capital) insert—

(bb)personal independence payment;.

(8) In paragraph 4(1)(a) of Schedule 6 (sums disregarded from claimant’s earnings)—

(a)omit “or” at the end of sub-head (vii)(106); and

(b)after sub-head (vii) add—

(viii)personal independence payment; or.

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations

26.—(1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004(107) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1)(108) (interpretation)—

(a)after the definition of “pensionable age” insert—

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

(b)after the definition of “the 1992 Act” insert—

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

(3) In regulation 20(109) (treatment of child care charges)—

(a)after paragraph (3)(d)(vii) add—

(viii)personal independence payment;;

(b)omit “or” at the end of paragraph (3)(f);

(c)after paragraph (3)(g) add—

or

(h)personal independence payment would be payable but for regulations under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order.;

and

(d)after paragraph (8)(b)(iv) add—

(v)in respect of whom personal independence payment is payable, or would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be payable..

(4) In Schedule 1(110) (applicable amounts)—

(a)in paragraph 12 (additional condition for the higher pensioner and disability premiums) after sub-paragraph (1)(a)(v) insert—

(vi)is in receipt of personal independence payment or would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt; or;

(b)in paragraph 13 (severe disability premium)—

(i)in sub-paragraph (2)(a)(i) for “or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (2)(b)(i) for “or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”,

(iii)after sub-paragraph (4)(b) add—

or

(c)the daily living component of personal independence payment if he would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt.,

(iv)in sub-paragraph (5) omit “either”,

(v)in sub-paragraph (5)(a) omit “or” at the end, and

(vi)after sub-paragraph (5)(b) add—

or

(c)a person receiving the daily living component of personal independence payment.;

(c)in paragraph 14 (enhanced disability premium) for sub-paragraph (1) substitute—

(1) Subject to sub-paragraph (2), the condition is that—

(a)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 1992 Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the 1992 Act;

(b)armed forces independence payment is payable; or

(c)the daily living component of personal independence payment is payable, or but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, would be payable, at the enhanced rate prescribed under Article 83(2) of the 2015 Order,

in respect of the relevant person or a member of the relevant person’s family, who is aged less than 60.;

(d)after paragraph 15(1)(c) (disabled child premium) add—

or

(d)is a young person who is in receipt of personal independence payment or who would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt, provided that the young person continues to be a member of the family.; and

(e)in paragraph 16(2)(b) (carer premium) for “or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act” substitute “, the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”.

(5) In Schedule 1A(111) (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit)—

(a)in paragraph 7 (severe disability premium)—

(i)in sub-paragraph (2)(a)(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 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (2)(b)(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 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment prescribed in accordance with Article 83(3) of the 2015 Order at the standard or enhanced rate”,

(iii)at the end of sub-paragraph (5)(a) omit “or”, and

(iv)after sub-paragraph (5)(b) add—

or

(c)a person receiving the daily living component of personal independence payment prescribed in accordance with Article 83 of the 2015 Order at the standard or enhanced rate, if he would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt.;

(b)for paragraph 8 (enhanced disability premium) substitute—

Enhanced disability premium

8.  The condition is that—

(a)in respect of a child or young person who is a member of the relevant person’s family—

(i)the care component of disability living allowance is, or would be, but for a suspension of benefit in accordance with regulations under section 113(2) of the 1992 Act or an abatement as a consequence of hospitalisation, payable at the highest rate prescribed under section 72(3) of that Act, or

(ii)the daily living component of personal independence payment is, or would be, but for regulations under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, payable at the enhanced rate under Article 83(2) of that Order; or

(b)armed forces independence payment is payable in respect of a young person who is a member of the relevant person’s family.; and

(c)in paragraph 9 (disabled child premium), after sub-paragraph (c) add—

or

(d)is a young person who is in receipt of personal independence payment or who would, but for regulations made under Article 90 (care home residents) or Article 91(1) (hospital in-patients) of the 2015 Order, be so in receipt, provided that the young person continues to be a member of the family..

(6) In paragraph 5(112) of Schedule 3 (sums to be disregarded in the determination of income other than earnings) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

Amendment of the Travelling Expenses and Remission of Charges Regulations

27.  In Table B of Schedule 1 to the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004(113) (modifications of the Income Support (General) Regulations (Northern Ireland) 1987), in column 2 of the entry relating to Schedule 2, in the entry relating to paragraph 13A(1)(b)—

(a)omit “or” at the end of sub-head (ii); and

(b)after sub-head (iii) add—

or

(iv)in receipt of the daily living component of personal independence payment at the enhanced rate in accordance with Article 83(2) of the Welfare Reform (Northern Ireland) Order 2015 or would be in receipt of that component at that rate but for a suspension of benefit in accordance with regulations under Article 91(1) of that Order (hospital in-patients)..

Amendment of the European Parliamentary Elections Regulations

28.  In Schedule 2 to the European Parliamentary Elections (Northern Ireland) Regulations 2004(114) (absent voters) after paragraph 4(4)(b) add—

or

(c)the application states that the applicant is in receipt of the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the Welfare Reform (Northern Ireland) Order 2015) because of the disability specified in the application..

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations

29.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(115) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation) after the definition of “the 2007 Act”(116) insert—

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

(3) In regulation 10(1A)(117) (deductions from an award of a funeral payment) after sub-paragraph (p) insert—

(pa)personal independence payment under Part 5 of the 2015 Order;.

Amendment of the Housing Benefit Regulations

30.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(118) are amended in accordance with paragraphs (2) to (8).

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

(a)after the definition of “the 1950 Act” insert—

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

(b)for the definition of “the benefit Acts”(119) substitute—

“the benefit Acts” means the Act, the Jobseekers Order, the Welfare Reform Act, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order;;

(c)in the definition of “person who requires overnight care”(120)—

(i)omit “or” at the end of sub-paragraph (a)(ii),

(ii)after sub-paragraph (a)(ii) insert—

(iia)is in receipt of the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order, or, and

(iii)in sub-paragraph (a)(iii) for “or (ii)” substitute “, (ii) or (iia)”; and

(d)after that definition insert—

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

(3) In regulation 25 (treatment of child care charges)—

(a)after paragraph (11)(d)(vii)(121) add—

(viii)personal independence payment;;

(b)in paragraph (11)(e) for “or allowance to which head (ii), (iv), (v) or (vi)” substitute “, allowance or payment to which head (ii), (iv), (v), (vi) or (viii)”;

(c)omit “or” at the end of paragraph (13)(b)(122); and

(d)after paragraph (13)(c)(123) add—

or

(d)in respect of whom personal independence payment is payable, or has ceased to be payable solely by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients)..

(4) In regulation 72 (non-dependant deductions)—

(a)omit “or” at the end of paragraph (6)(b)(i)(124);

(b)after paragraph (6)(b)(ii) add—

or

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

(c)in paragraph (9)(a)(125) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(5) In regulation 73F(1)(126) (exception to the benefit cap: receipt of specified benefit)—

(a)after sub-paragraph (e) insert—

(ea)the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence payment;;

(b)in sub-paragraph (g) for “(e) or” substitute “(e), (ea) or”; and

(c)after sub-paragraph (g)(iii) insert—

(iv)that payment is not payable in accordance with regulations made under Article 90 or Article 91 of the 2015 Order;.

(6) In regulation 77(8)(127) (date on which change of circumstances is to take effect) for “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011” substitute “, article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or Part 5 of the 2015 Order”.

(7) In Schedule 4 (applicable amounts)—

(a)in paragraph 7(2)(128) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”;

(b)in paragraph 13(1)(a)(129) (additional condition for the disability premium)—

(i)in sub-head (i) after “disability living allowance,” insert “personal independence payment,”, and

(ii)after sub-head (iii) insert—

(iiia)was in receipt of personal independence payment that is no longer payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients);;

(c)in paragraph 14(130) (severe disability premium)—

(i)in sub-paragraph (2)(a)(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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (2)(b)(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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(iii)in sub-paragraph (2)(b)(ii) after “allowance” in each place where it appears insert “or payment”,

(iv)in sub-paragraph (4)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”, and

(v)after sub-paragraph (5)(b) add—

(c)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order, if he would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt.;

(d)in paragraph 15(1)(131) (enhanced disability premium) after head (b) add—

or

(c)the enhanced rate of the daily living component of personal independence payment is payable, or has ceased to be payable by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), 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.; and

(e)in paragraph 16(132) (disabled child premium)—

(i)omit “or” after head (b), and

(ii)after head (c) add—

or

(d)is a young person who is in receipt of personal independence payment or who would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients) be so in receipt, provided that the young person continues to be a member of the family..

(8) In paragraph 7(133) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

31.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(134) are amended in accordance with paragraphs (2) to (9).

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

(a)after the definition of “the 1950 Act” insert—

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

(b)for the definition of “the benefit Acts”(135) substitute—

“the benefit Acts” means the Act, the Jobseekers Order, the State Pension Credit Act, the Welfare Reform Act, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order;;

(c)in the definition of “person who requires overnight care”(136)—

(i)omit “or” at the end of sub-paragraph (a)(ii),

(ii)after sub-paragraph (a)(ii) insert—

(iia)is in receipt of the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order; or, and

(iii)in sub-paragraph (a)(iii) for “or (ii)” substitute “, (ii) or (iia)”; and

(d)after that definition insert—

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

(3) In regulation 27(1)(h) (meaning of “income”), after head (ia)(137) insert—

(ib)personal independence payment;.

(4) In regulation 29 (treatment of child care charges)—

(a)after paragraph (11)(d)(vii)(138) add—

(viii)personal independence payment;;

(b)in paragraph (11)(e) for “or allowance to which head (ii), (iv), (v) or (vi)” substitute “, allowance or payment to which head (ii), (iv), (v), (vi) or (viii)”;

(c)omit “or” at the end of paragraph (13)(b)(139); and

(d)after paragraph (13)(c)(140) add—

or

(d)in respect of whom personal independence payment is payable, or has ceased to be payable solely by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients)..

(5) In regulation 53 (non-dependant deductions)—

(a)omit “or” at the end of paragraph (6)(b)(i)(141);

(b)after paragraph (6)(b)(ii) add—

or

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

(c)in paragraph (10)(a)(142) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(6) In regulation 57(8)(143) (date on which change of circumstances is to take effect) for “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011” substitute “, article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or Part 5 of the 2015 Order”.

(7) In Schedule 4 (applicable amounts)—

(a)for paragraph 5(2)(144) substitute—

(2) For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer’s allowance under section 70 of the Act by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of—

(a)armed forces independence payment;

(b)attendance allowance;

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

(d)the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order.;

(b)in paragraph 6(145) (severe disability premium)—

(i)in sub-paragraph (2)(a)(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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(ii)in sub-paragraph (2)(b)(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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”,

(iii)in sub-paragraph (2)(b)(ii) after “allowance” in each place where it appears insert “or payment”,

(iv)in sub-paragraph (6)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order”, and

(v)after sub-paragraph (7)(b) add—

(c)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order, if he would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt.;

(c)in paragraph 7 (enhanced disability premium) for sub-paragraph (1)(146) substitute—

(1) Subject to sub-paragraph (2), the condition is that—

(a)in respect of a child or young person who is a member of the claimant’s family—

(i)the care component of disability living allowance is, or would be, but for a suspension of benefit in accordance with regulations under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation, payable at the highest rate prescribed under section 72(3) of the Act, or

(ii)the daily living component of personal independence payment is payable, or has ceased to be payable by virtue of regulations under Article 91(1) of the 2015 Order (hospital in-patients), at the enhanced rate under Article 83(2) of that Order; or

(b)armed forces independence payment is payable in respect of a young person who is a member of the claimant’s family.; and

(d)in paragraph 8 (disabled child premium), after sub-paragraph (c)(147) add—

or

(d)is a young person who is in receipt of personal independence payment or who would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients) be so in receipt, provided that the young person continues to be a member of the family..

(8) In paragraph 5(1)(a)(148) of Schedule 5 (sums disregarded from claimant’s earnings) after sub-head (vii) add—

(viii)personal independence payment;.

(9) In Schedule 7(149) (capital to be disregarded) after paragraph 21(2)(b) insert—

(ba)personal independence payment;.

Amendment of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order

32.—(1) The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(150) is amended in accordance with paragraphs (2) and (3).

(2) In Article 20(1)(c)(iv) (mobility supplement) after “Act 2012” insert “or Article 84(2) of the Welfare Reform (Northern Ireland) Order 2015”.

(3) After Article 56(3)(h) (abatement of awards in respect of social security benefits) insert—

(ha)the corresponding provisions of the Welfare Reform (Northern Ireland) Order 2015;.

Amendment of the Gender Recognition (Application Fees) Order

33.  In paragraph 1(1) of the Schedule to the Gender Recognition (Application Fees) Order 2006(151)(remissions and part remissions) in sub-paragraph (m) of the definition of “excluded benefits” after “Act 2012” insert “or the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Employment and Support Allowance Regulations

34.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(152) are amended in accordance with paragraphs (2) to (7).

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

(a)before the definition of “Abbeyfield Home” insert—

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

(b)after the definition of “couple” insert—

“daily living component” means the daily living component of personal independence payment under Article 83 of the 2015 Order;; and

(c)after the definition of “period of study” insert—

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

(3) In regulation 18(153) (circumstances in which the condition that the claimant is not receiving education does not apply) for “or a disability living allowance” substitute “, disability living allowance or personal independence payment”.

(4) In regulation 158(3)(154) (meaning of “person in hardship”)—

(a)in sub-paragraph (b) for “or the care component” substitute “, the care component or the daily living component”;

(b)in sub-paragraph (c) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”;

(c)in sub-paragraph (d)(i) for “or the care component” substitute “, the care component or the daily living component”; and

(d)in sub-paragraph (d)(ii) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(5) In Schedule 4 (amounts)—

(a)for paragraph 4(2)(155) substitute—

(2) For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of—

(a)armed forces independence payment;

(b)attendance allowance;

(c)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; or

(d)the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order.;

(b)in paragraph 6 (severe disability premium)—

(i)in sub-paragraph (2)(a)(i)(156) after “the care component” insert “, the daily living component”,

(ii)in sub-paragraph (2)(b)(i) after “the care component” insert “, the daily living component”,

(iii)in sub-paragraph (2)(b)(ii) after “care component” in each place where it occurs insert “, the daily living component”,

(iv)in sub-paragraph (4)(a)(157) after “attendance allowance” insert “, the daily living component”, and

(v)after sub-paragraph (5)(b) add—

(c)as being entitled to, and in receipt of, the daily living component if the person would, but for regulations under Article 91(1) of the 2015 Order (hospital in-patients), be so entitled and in receipt.; and

(c)in paragraph 7(158) (enhanced disability premium)—

(i)omit “or” at the end of sub-paragraph (1)(aa), and

(ii)after sub-paragraph (1)(b) add—

or

(c)the daily living component is, or would, but for regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be payable at the enhanced rate under Article 83(2) of that Order 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)(159) (linking rules) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”; and

(b)in paragraph 19 (non-dependant deductions)—

(i)omit “or” at the end of sub-paragraph (6)(b)(i)(160),

(ii)after sub-paragraph (6)(b)(ii) add—

or

(iii)the daily living component., and

(iii)in sub-paragraph (8)(a)(161) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.

(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 8 after “disability living allowance” insert “or the mobility component of personal independence payment”; and

(b)in paragraph 11 for “or the care component of disability living allowance” substitute “, the care component of disability living allowance or the daily living component”.

Amendment of the Representation of the People Regulations

35.  In regulation 57(4) (additional requirements for applications on grounds of blindness or other disability) of the Representation of the People (Northern Ireland) Regulations 2008(162)—

(a)omit “or” at the end of sub-paragraph (b)(ii); and

(b)after sub-paragraph (b)(iii) insert—

or

(iv)the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the Welfare Reform (Northern Ireland) Order 2015),.

Amendment of the Education (Student Loans) (Repayment) Regulations

36.  In regulation 6(1) of the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009(163) (interpretation) in the definition of “disability-related benefit”, after “Order 2011,” insert “personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015,”.

Amendment of the Domestic Energy Efficiency Grants Regulations

37.  In regulation 5(4) of the Domestic Energy Efficiency Grants Regulations (Northern Ireland) 2009(164) (persons to whom a grant may be made) after sub-paragraph (d) add—

(e)personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015..

Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations

38.  In regulation 2(1) (interpretation) of the Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010(165), in the definition of “relevant benefit”, after sub-paragraph (e) add—

(f)the daily living component of personal independence payment in accordance with Article 83 of the Welfare Reform (Northern Ireland) Order 2015..

Amendment of the Child Support Maintenance Calculation Regulations

39.  In regulation 63 (illness or disability of relevant other child) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(166)—

(a)in paragraph (2)(a)(i) for “or a disability living allowance” substitute “, disability living allowance or personal independence payment”;

(b)omit “or” at the end of paragraph (2)(a)(ii);

(c)after paragraph (2)(a)(iii) insert—

or

(iv)that person would receive personal independence payment but for regulations under Article 91(1) of the Welfare Reform (Northern Ireland) Order 2015 (hospital in-patients), and remains part of the applicant’s family,;

(d)after paragraph (2)(e) add—

(f)“personal independence payment” means the daily living component of personal independence payment under Article 83 of the Welfare Reform (Northern Ireland) Order 2015.; and

(e)in paragraph (3)(b) for “or a disability living allowance” insert “, a disability living allowance or personal independence payment”.

Amendment of the Civil Legal Services (Financial) Regulations

40.—(1) The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015(167) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 25 (disregards from income – certain welfare and other allowances, payments etc.) after sub-paragraph (a) insert—

(aa)personal independence payment paid under Part 5 of the Welfare Reform (Northern Ireland) Order 2015;.

(3) In regulation 36 (disregard of certain welfare and other allowances, payments etc.) after sub-paragraph (a) insert—

(aa)personal independence payment paid under Part 5 of the Welfare Reform (Northern Ireland) Order 2015;.

Amendment of the Social Security (Information-sharing in relation to Welfare Services etc.) Regulations

41.  In regulation 4 of the Social Security (Information-sharing in relation to Welfare Services etc.) Regulations (Northern Ireland) 2016(168) (prescribed benefits)—

(a)omit “and” at the end of sub-paragraph (e); and

(b)after sub-paragraph (f) add—

and

(g)personal independence payment under Part 5 of the 2015 Order..

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson

Parliamentary Under Secretary of State,

Department for Work and Pensions

3rd May 2016

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