The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025

Amendment of the State Pension Credit Regulations (Northern Ireland) 2003

26.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), after the definition of “residential care home”, insert—

““Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”.

(3) In Schedule 1 (additional amounts)—

(a) in paragraph 1—

(i) in sub-paragraphs (1)(a)(i), (b)(i) and (c)(i), after “Contributions and Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(ii) in sub-paragraph (2)(a), after “Contributions and Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(iii) after sub-paragraph (2)(bc), insert—

“(bd) for the purposes of sub-paragraph (1)(b) as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 if that person would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt;”;

(b) in paragraph 2(2)(a), after “Contributions and Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”.

(4) In paragraph 14 of Schedule 2 (housing costs)—

(a) omit “; or” after sub-paragraph (6)(b)(iia);

(b) after sub-paragraph (6)(b)(iia), insert—

“,

(iib) the care component of the Scottish adult disability living allowance, or”

(c) in sub-paragraph (8)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(5) In paragraph 9 (amount of additional payment) of Schedule 2A (additional amount applicable for claimants responsible for a child or qualifying young person)—

(a) in sub-paragraph (2), after “disability living allowance”, insert “, Scottish adult disability living allowance”;

(b) in sub-paragraph (3)(a), after “at the highest rate”, insert “, the care component of Scottish adult disability living allowance at the highest rate”.

(6) In paragraph 1(9) of Schedule 3 (special groups), after “Contributions and Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”.

(7) In paragraph 4(1)(a) of Schedule 6 (sums disregarded from claimant’s earnings), after sub-head (iva), insert—

“(ivb) Scottish adult disability living allowance;”.

(1)

S.R. 2003 No. 28; relevant amending instruments are S.R. 2003 No. 191, S.I. 2013/3021, S.R. 2016 Nos. 228 and 236, S.I. 2022/177 and S.I. 2024/919.