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

Amendment of the State Pension Credit Regulations 2002

23.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)(2), at the appropriate place insert—

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

(3) After regulation 15(1)(aa) (income for the purposes of the Act) insert “(ab) armed forces independence payment;”.

(4) In Schedule 1—

(a) in paragraph 1 (severe disablement)(3)—

(i) in sub-paragraph (1)(a)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(ii) in sub-paragraph (1)(b)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(iii) in sub-paragraph (1)(c)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”; and

(iv) in sub-paragraph (2)(a) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.

(b) in paragraph 2 (persons residing with the claimant whose presence is ignored), in sub-paragraph (2)(a) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.

(5) In Schedule 2 (housing costs)—

(a) in paragraph 1(2)(a)(iii)(ee) after “the 2012 Act” insert “or is a person in respect of whom armed forces independence payment is payable;”;

(b) omit “or” after paragraph 14(6)(b)(ii);

(c) after paragraph 14(6)(b)(iii) insert—

“or

(iv) armed forces independence payment.”; and

(d) in paragraph 14(8)(a) after “disability living allowance” insert “, armed forces independence payment”.

(6) In Schedule 3 (special groups) (polygamous marriages) in paragraph 1(9) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.

(7) In Schedule 5 (income from capital), after paragraph 20(2)(ba) insert—

“(bb) armed forces independence payment;”.

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

(a) omit “or” at the end of paragraph (viii); and

(b) after paragraph (viii) insert—

“(ix) armed forces independence payment; or”.

(1)

S.I. 2002/1792 as amended by S.I. 2013/388.

(2)

There are amendments to regulation 1(2) which are not relevant to this Order.

(3)

Paragraph 1(1) was amended by S.I. 2002/3197, 2003/2274 and 2007/719.