The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013

Amendment of the Housing Renewal Grants Regulations 1996 E+W

18.—(1) The Housing Renewal Grants Regulations 1996(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1)(2) in the appropriate places insert—

““the 2012 Act” means the Welfare Reform Act 2012;”; and

““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”.

(3) In regulation 19 (treatment of child care charges)—

(a) after paragraph (3)(d)(vii)(3) insert—

“(viii) personal independence payment;”;

(b) omit “or” at the end of paragraph (3)(f);

(c) after paragraph (3)(g) insert—

“; or

(h) personal independence payment would be payable but for regulations under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act”;

(d) omit “or” at the end of paragraph (8)(b)(ii); and

(e) after paragraph (8)(b)(iii) insert—

“; or

(iv) in respect of whom personal independence payment is payable, or would, but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, be payable”.

(4) In Schedule 1 (applicable amounts)—

(a) in paragraph 12 (additional condition for the higher pensioner and disability premiums) after sub-paragraph (1)(a)(v) insert—

“(vi) is in receipt of personal independence payment or would but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt; or”;

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

(i) in sub-paragraph (2)(a)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”;

(ii) in sub-paragraph (2)(b)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”;

(iii) in sub-paragraph (2)(b)(ii) after “allowance” in each place where it appears insert “or payment”;

(iv) after sub-paragraph (4)(b)(4) insert—

“; or

(c) the daily living component of personal independence payment if he would, but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt”; and

(v) after sub-paragraph (5)(b) insert—

“; or

(c) a person receiving the daily living component of personal independence payment”;

(c) in paragraph 13A (enhanced disability premium)(5) after paragraph (b) insert—

“; or

(c) the daily living component of personal independence payment is payable, or but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, would be payable, at the enhanced rate prescribed under section 78(2) of the 2012 Act”;

(d) in paragraph 14 (disabled child premium) after sub-paragraph (1)(c) insert—

“; or

(d) is a young person who is in receipt of personal independence payment or who would, but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt, provided that the young person continues to be a member of the family”; and

(e) in paragraph 15 (carer premium), in sub-paragraph (2)(b)(6), for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”.

(5) In Schedule 1A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit)(7)—

(a) in paragraph 7 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”;

(ii) in sub-paragraph (2)(b)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment prescribed in accordance with section 78(3) of the 2012 Act at the standard or enhanced rate”;

(iii) in sub-paragraph (2)(b)(ii) after “allowance” in each place where it appears insert “or payment”; and

(iv) after sub-paragraph (5)(b) insert—

“; or

(c) a person receiving the daily living component of personal independence payment prescribed in accordance with section 78 of the 2012 Act at the standard or enhanced rate, if he would, but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt;”;

(b) for paragraph 8 (enhanced disability premium) substitute—

“8.   The condition is that—

(a) 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 1992 Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the 1992 Act, or

(b) the daily living component of personal independence payment is, or would, but for regulations under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate under section 78(2) of that Act,

in respect of a child or young person who is a member of the relevant person’s family.”; and

(c) in paragraph 9 (disabled child premium), after sub-paragraph (1)(c) insert—

“; or

(d) is a young person who is in receipt of personal independence payment or who would, but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt, provided that the young person continues to be a member of the family”.

(6) In paragraph 5 of Schedule 3 (sums to be disregarded in the determination of income other than earnings) after “disability living allowance” insert “or personal independence payment”.

Commencement Information

I1 Sch. para. 18 in force at 8.4.2013, see reg. 2

(1)

S.I. 1996/2890.

(2)

Regulation 2(1) was amended in relation to England by S.I. 2003/2504. There are other amendments which are not relevant to these Regulations.

(3)

Regulation 19(3)(d) was amended in relation to England by S.I. 2009/1807.

(4)

There is an amendment to paragraph 13(4)(b) which is not relevant to these Regulations.

(5)

Paragraph 13A was subsituted in relation to England by S.I. 2009/1807.

(6)

Paragraph 15(2) was amended in relation to England by S.I. 2003/2504.

(7)

Schedule 1A was inserted in relation to England by S.I. 2005/3323.