PART 2CONSEQUENTIAL AMENDMENTS

Amendment of the Employment and Support Allowance Regulations34

1

The Employment and Support Allowance Regulations (Northern Ireland) 2008153 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;

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 18154 (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)155 (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)156 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)157 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)158 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.

c

in paragraph 7159 (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)160 (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)161,

ii

after sub-paragraph (6)(b)(ii) add—

or

iii

the daily living component.

iii

in sub-paragraph (8)(a)162 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”.