The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013

Amendment of the Income Support (General) Regulations (Northern Ireland) 1987

14.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “the Armed Forces and Reserve Forces Compensation Scheme”(2) insert—

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

(3) In regulation 4(2)(c)(v)(aa) (temporary absence from Northern Ireland)(3) after “entitled to” insert “armed forces independence payment or”.

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

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”; and

(b) in paragraph (iii) after “entitlement to” insert “armed forces independence payment or”.

(5) In Schedule 2 (applicable amounts)—

(a) in paragraph 7(2) (premiums)(5) after “remains in receipt of” insert “armed forces independence payment,”;

(b) in paragraph 12(1)(a)(i) (additional condition for the higher pensioner and disability premiums)(6) after “following benefits:” insert “armed forces independence payment,”;

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

(i) in sub-paragraph (2)(a)(i)(7) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i)(8) after “in receipt of” insert “armed forces independence payment,”; and

(iii) in sub-paragraph (3)(a)(9) after “receiving” insert “armed forces independence payment,”;

(d) in paragraph 13A (enhanced disability premium)(10) for sub-paragraph (1) substitute—

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

(a) the claimant; or

(b) the claimant’s partner (if any) who has not attained the qualifying age for state pension credit,

is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a) armed forces independence payment is payable to that person; or

(b) 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 Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act.”; and

(e) in paragraph 14 (disabled child premium)(11)—

(i) before sub-paragraph (1)(a) insert—

“(za) in receipt of armed forces independence payment;”; and

(ii) in sub-paragraph (2) for “sub-paragraph (1)(a)” substitute “sub-paragraph (1)(za), (a)”.

(6) In Schedule 3 (housing costs: non-dependant deductions)(12) in paragraph 18—

(a) in sub-paragraph (6)(b) before paragraph (i) insert—

“(zi) armed forces independence payment,”; and

(b) in sub-paragraph (8)(a) after “any” insert “armed forces independence payment,”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 72(13) insert—

“72A.   Armed forces independence payment.”.

(1)

S.R. 1987 No. 459.

(2)

The definition of “the Armed Forces and Reserve Forces Compensation Scheme” was inserted by S.R. 2005 No. 98.

(3)

Paragraph (2)(c)(v) was added by S.R. 1988 No. 146, substituted by S.R. 1995 No. 67 and amended by S.R. 1996 No. 199 and S.R. 2009 No. 418.

(4)

Schedule 1B was inserted by S.R. 1996 No. 199 and paragraph 4(a) was amended by S.R. 1996 No. 358.

(5)

Paragraph 7(2) was inserted by S.R. 1990 No. 346 and amended by S.R. 1992 No. 6 and S.R. 2002 No. 323.

(6)

Paragraph 12(1)(a)(i) was amended by S.R. 1988 No. 146, S.R. 1992 No. 6, S.R. 1994 No. 327, S.R. 1995 No. 67 and S.R. 2003 No. 195.

(7)

Paragraph 13(2)(a)(i) was amended by S.R. 1992 No. 6.

(8)

Paragraph 13(2)(b)(i) was amended by S.R. 1992 No. 6.

(9)

Paragraph 13(3)(a) was amended by S.R. 1992 No. 6.

(10)

Paragraph 13A was inserted by S.R. 2000 No. 367 and sub-paragraph (1) was amended by S.R. 2003 Nos. 191 and 195 and S.R. 2010 No. 103.

(11)

Paragraph 14 was substituted by S.R. 2007 No. 154 and amended by S.R. 2011 No. 135.

(12)

Schedule 3 was substituted by S.R. 1995 No. 301 and paragraph 18(8) was amended by S.R. 1995 No. 434.

(13)

Paragraph 72 was added by S.R. 2003 No. 154 and substituted by S.R. 2003 No. 417.