PART 2CONSEQUENTIAL AMENDMENTS

Amendment of the Income Support (General) Regulations11

1

The Income Support (General) Regulations (Northern Ireland) 198726 are amended in accordance with paragraphs (2) to (7).

2

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

a

after the definition of “the 1998 Order”27 insert—

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

b

in the definition of “the benefit Acts”28 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”29 insert—

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

3

In regulation 4(2)(c)(v)(aa)30 (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)31—

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)32 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) 201633 (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)34 (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)35 after “disability living allowance,” insert “personal independence payment,”, and

ii

in sub-paragraph (1)(d)36—

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)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”,

ii

in sub-paragraph (2)(b)(i)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”,

iii

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

iv

in sub-paragraph (3)(a)39—

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)40 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.

vi

in paragraph 13A41 (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.

d

in paragraph 1442 (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 343 (housing costs: non-dependant deductions)—

a

omit “or” at the end of sub-paragraph (6)(b)(i)44;

b

after sub-paragraph (6)(b)(ii) add—

or

iii

the daily living component of personal independence payment.

c

in sub-paragraph (8)(a)45 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 646 after “allowance” insert “or the mobility component of personal independence payment”; and

b

in paragraph 947 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”.