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

EXPLANATORY NOTE

(This note is not part of the Order)

The provisions contained in this Order are made to give full effect to section 1(2) of the Armed Forces (Pensions and Compensation Scheme) Act 2004 (c.32) consequential upon the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2013 (S.I. 2013/436) (“the 2013 Order”) which amends the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517) (“the 2011 Order”). Both Orders are made under that section. The 2011 Order provides for a scheme of compensation payments to be payable to, or in respect of, a person by reason of illness or injury (whether physical or mental), or death, which is caused (wholly or partly) by service in the armed forces or the reserve forces. The 2013 Order provides for a new payment called the armed forces independence payment under the scheme.

Article 2 of the Order amends Article 25 (payments in respect of applications for exemption from wearing seat belts) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)). The amendment provides for those in receipt of armed forces independence payment to be a class mentioned in Article 25 to whom the Department of the Environment for Northern Ireland may make payments in respect of examination for medical certificates required as a condition of any exemption relating to the wearing of seat belts.

Article 3 of the Order amends the Adoption Allowance Regulations (Northern Ireland) 1996 so that armed forced independence payment is disregarded in certain circumstances by adoption agencies in assessing the income available to adopters.

Article 4 of the Order amends the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 so that armed forces independence payment is included as income and taken into account when determining entitlement under these Regulations.

Article 5 of the Order amends the Maternity and Parental Leave etc Regulations (Northern Ireland) 1999. These amendments provide that where an employee is a parent of a person in receipt of armed forces independence payment, they are entitled to certain additional rights in respect of parental leave.

Article 6 of the Order amends the Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003 so that the definition of “disabled” for the purposes of those Regulations includes someone entitled to armed forces independence payment.

Article 7 of the Order amends the Education (Student Loans) Regulations (Northern Ireland) 1998. The amendment adds the armed forces independence payment to the definition of “disability related benefits” for the purposes of those Regulations.

Article 8 of the Order amends the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 to include armed forces independence payment in the definition of “disability related benefits” for the purposes of those Regulations.

Article 9 of the Order amends the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981 so that armed forces independence payment is disregarded in the calculation of disposable income of an applicant for legal aid in those Regulations.

Article 10 of the Order amends the Legal Advice and Assistance Regulations (Northern Ireland) 1981 so that armed forces independence payment is disregarded in the calculation of income of an applicant for legal aid under those Regulations.

Article 11 of the Order amends the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 to provide that entitlement to Carer’s Allowance can continue where the claimant is not present in Northern Ireland provided the absence is temporary and for the purpose of caring for a severely disabled person in receipt of (amongst other payments) armed forces independence payment.

Article 12 of the Order amends the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978. This amendment provides that persons in receipt of armed forces independence payment will not be disqualified from receiving a benefit in respect of incapacity by reason of temporary absence from Northern Ireland in certain circumstances.

Article 13 of the Order amends the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979. Regulation 6 is amended to allow for adjustment under Schedule 1 where both armed forces independence payment and any benefit to be adjusted by reference to armed forces independence payment are payable in respect of the same person (whether or not one or both of them are payable to that person). Paragraph 5 of Schedule 1 is amended to allow for the adjustment of armed forces independence payment where certain other benefits are payable in respect of the same person. Schedule 1 is also amended to allow for the adjustment of certain benefits where armed forces independence payment is payable in respect of the same person.

Article 14 of the Order makes a number of consequential amendments to the Income Support (General) Regulations (Northern Ireland) 1987, including amendments to the entitlement conditions for certain premiums so that those premiums may be awarded to certain persons in receipt of armed forces independence payment. The Regulations are also amended so that armed forces independence payment is disregarded when calculating income for the purposes of those Regulations in certain circumstances.

Article 15 of the Order amends the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992. Amendments to Schedule 2 of those Regulations provide that armed forces independence payment, or any other payment (whether concessionary or otherwise) to compensate for the non-payment of armed forces independence payment, is disregarded when calculating the net income of a non-resident parent and parent with care. An amendment to Schedule 4 provides that child maintenance is not payable by a non-resident parent who is in receipt of armed forces independence payment.

Article 16 of the Order amends the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994. The amendment provides that persons in receipt of armed forces independence payment shall not have their incapacity benefit reduced under section 30DD(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Article 17 of the Order makes a number of consequential amendments to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, including amendments to the entitlement conditions for certain premiums so that those premiums may be awarded to certain persons in receipt of armed forces independence payment. The Regulations are also amended so that armed forces independence payment is disregarded when calculating income for the purposes of those Regulations in certain circumstances.

Article 18 of the Order amends the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996. The amendment provides that a member of a couple is deemed to be incapacitated if they are in receipt of armed forces independence payment.

Article 19 of the Order amends the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996. The amendments make provision for payments of armed forces independence payment to be taken into account in the determination of applications for departures from the standard child maintenance formula under the 1993 statutory scheme.

Article 20 of the Order amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999. The amendments make provision for the date upon which certain decisions regarding entitlement to armed forces independence payment take effect for the purposes of those Regulations.

Article 21 of the Order amends the Child Support (Variations) Regulations (Northern Ireland) 2001. The amendments provide that a person receiving armed forces independence payment comes within the definition of a “disabled person” for the purposes of those Regulations. The Regulations are also amended to allow armed forces independence payment to be taken into account when calculating special expenses for the purposes of the Child Support (Northern Ireland) Order 1991.

Article 22 of the Order amends the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 to provide that the definition of a “person in hardship” and a “couple in hardship”, for the purposes of those Regulations, includes persons in receipt of armed forces independence payment.

Article 23 of the Order makes a number of consequential amendments to the State Pension Credit Regulations (Northern Ireland) 2003, including amendments to the entitlement conditions for the additional amount of pension credit which can be awarded to persons who are severely disabled. The Regulations are also amended so that armed forces independence payment is disregarded when calculating income for the purposes of those Regulations in certain circumstances.

Article 24 of the Order makes consequential amendments to the Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004 to deal with the impact of armed forces independence payment on means testing for receipt of disabled facilities grants. These include: amendments concerning the reduction of assessed income to take account of child care payments, amendments concerning the entitlement to certain premiums where disabled persons or members of their household are in receipt of armed forces independence payment, and an amendment to disregard armed forces independence payment in calculating income other than earnings.

Article 25 of the Order amends the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 to include armed forces independence payment in the definition of “arrears of benefits excluded” from a deceased person’s assets for the purposes of those Regulations.

Article 26 of the Order makes a number of consequential amendments to the Housing Benefit Regulations (Northern Ireland) 2006, including amendments to the entitlement conditions for certain premiums so that those premiums may be awarded to certain persons in receipt of armed forces independence payment. The Regulations are also amended so that armed forces independence payment is disregarded when calculating income for the purposes of those Regulations in certain circumstances.

Article 27 of the Order makes a number of consequential amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006, including amendments to the entitlement conditions for certain premiums so that those premiums may be awarded to certain persons in receipt of armed forces independence payment. The Regulations are also amended so that armed forces independence payment is disregarded when calculating income for the purposes of those Regulations in certain circumstances.

Article 28 of the Order makes a number of amendments to the Employment and Support Allowance Regulations (Northern Ireland) 2008, including amendments to the entitlement conditions for certain premiums so that those premiums may be awarded to certain persons in receipt of armed forces independence payment. The Regulations are also amended so that armed forces independence payment is disregarded when calculating income for the purposes of those Regulations in certain circumstances.

Article 29 of the Order amends the Domestic Energy Efficiency Grants Regulations (Northern Ireland) 2009 to provide that an application for a Warm Homes grant may be entertained from certain persons in receipt of armed forces independence payment.

Article 30 of the Order amends the Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010 to include armed forces independence payment in the definition of “relevant benefit” for the purposes of those Regulations.

Article 31 of the Order amends the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 to provide that the definition of a “disabled person”, for the purposes of those Regulations, includes persons in receipt of armed forces independence payment.

Articles 32, 33 and 34 make amendments to the law governing elections in Northern Ireland to the UK parliament, district councils, the Northern Ireland Assembly and the European Parliament. Generally, an applicant for a postal or proxy vote for an indefinite period on the grounds of blindness or disability must provide an attestation from a registered medical practitioner or similar person about whether that person could reasonably be expected to go in person to the polling station or to vote unaided there and for how long the disability is likely to continue. These amendments provide that persons in receipt of armed forces independence payment are not required to provide such an attestation.