The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013
Citation and commencement
1.
These Regulations may be cited as the Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013.
2.
Except as specified in regulation 3, they come into force on 8th April 2013.
3.
Extent and application
4.
5.
6.
Paragraph 20 of the Schedule extends and applies to England and Wales only.
7.
Supplementary provisions and consequential amendments
8.
The Schedule has effect.
Signed by authority of the Secretary of State for Work and Pensions
SCHEDULEPERSONAL INDEPENDENCE PAYMENT: SUPPLEMENTARY PROVISIONS AND CONSEQUENTIAL AMENDMENTS
PART 1SUPPLEMENTARY PROVISIONS
Adjustment of personal independence payment where medical expenses are paid from public funds under war pensions instruments
1.
(1)
Sub-paragraph (2) applies where a person (“P”) is provided with relevant accommodation.
(2)
Subject to paragraph 2, where there are payable in respect of P both a payment under article 25B or article 21 and personal independence payment which is attributable to the daily living component in accordance with section 78 of the 2012 Act, the personal independence payment, in so far as it is so attributable, is to be adjusted by deducting from it the amount of the payment under article 25B or article 21, as the case may be, and only the balance is payable.
(3)
In sub-paragraph (2)—
and in both this paragraph and paragraph 2 “relevant accommodation” means accommodation provided as necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 25B or article 21 and “the 2012 Act” means the Welfare Reform Act 2012.
Exemption from paragraph 1
2.
(1)
(2)
For the purposes of sub-paragraph (1), two or more distinct periods separated by an interval not exceeding 28 days, or by two such intervals, are to be treated as a continuous period equal in duration to the aggregate of such distinct periods and ending on the last day of the later or last such period.
(3)
For the purposes of this paragraph, a “relevant day” in relation to P means a day which fell not earlier than 28 days before the first day on which P was provided with relevant accommodation and either—
(a)
(b)
was a day when P was, or would but for regulation 30 of those Regulations have been, prevented from receiving personal independence payment attributable to the daily living component by virtue of regulation 29(1) of those Regulations,
and where there is in relation to P a relevant day, sub-paragraph (1) has effect as if for “28 days” there was substituted such lesser number of days as is produced by subtracting from 28 the number of relevant days in that case.
Amendment of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992
3.
(a)
omit “or” at the end of paragraph (iii); and
(b)
“or
(v)
the standard or enhanced rate of the daily living component of personal independence payment under section 78(3) of the Welfare Reform Act 2012;”.
Amendment of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000
4.
(1)
(2)
“(g)
receives the mobility component of personal independence payment at either the standard rate or the enhanced rate under section 79(3) of the Welfare Reform Act 2012 by virtue of obtaining a score of at least 8 points in relation to the “moving around” activity in an assessment carried out under the Social Security (Personal Independence Payment) Regulations 2013.”.
(3)
(a)
for “or 4(2)(d)” substitute “, 4(2)(d) or 4(2)(g)”; and
(b)
in sub-paragraph (ii) for “or the mobility supplement” substitute “, the mobility supplement or the mobility component of personal independence payment.”.
PART 2CONSEQUENTIAL AMENDMENTS
Amendment of the Social Security Contributions and Benefits Act 1992
5.
Amendment of the Social Security Administration Act 1992
6.
“159E.
Effect of alteration of rates of personal independence payment
(1)
Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
(a)
an award of personal independence payment is in force in favour of any person (“the recipient”); and
(b)
an alteration in the rate of any component of personal independence payment affects the amount of personal independence payment to which he is entitled.
(2)
Where, as a result of the alteration, the amount of personal independence payment to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of personal independence payment in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
(3)
Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of personal independence payment as before, the award shall continue in force accordingly.
(4)
Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
(a)
the amount of the alteration in the rate of any component of personal independence payment which he proposes to make by an order under section 150 or 152 or by or under any other enactment, and
(b)
the date on which he proposes to bring the alteration in force (“the proposed commencing date”).
(5)
If, in a case where this subsection applies, an award of personal independence payment is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
(a)
may provide for personal independence payment to be paid as from the proposed commencing date by reference to the rates of the component of personal independence payment which will be in force on that date, or
(b)
may be expressed in terms of the rates of those components in force at the date of the award.
(6)
In this section—
“alteration” means alteration by or under any enactment;
“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
“component”, in relation to personal independence payment, means the daily living component or mobility component (see sections 78 and 79 of the Welfare Reform Act 2012).”.
Amendment of the Local Government Finance Act 1992
7.
(1)
(2)
In section 13 (reduced amounts), in subsection (10)—
(a)
the text from “an order” to the end becomes paragraph (a); and
(b)
“; or
(b)
regulations made, or falling to be made, under Part 4 of the Welfare Reform Act 2012.”.
(3)
In section 80 (reduced amounts), in subsection (10)—
(a)
the text from “an order” to the end becomes paragraph (a); and
(b)
“; or
(b)
regulations made, or falling to be made, under Part 4 of the Welfare Reform Act 2012.”.
(4)
In paragraph 15 of Schedule 2 (administration: supply of information to authorities), in sub-paragraph (2)(a), after “the Social Security Acts” insert “or Part 4 of the Welfare Reform Act 2012”.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
8.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
9.
“(b)
if his absence is temporary and for the specific purpose of caring for the severely disabled person who is also absent from Great Britain and where any of the following is payable in respect of that disabled person for that day—
(i)
attendance allowance;
(ii)
the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act;
(iii)
the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the Welfare Reform Act 2012; or
(iv)
a payment specified in regulation 3(1) of these Regulations.”.
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
10.
(1)
(2)
““the 2012 Act” means the Welfare Reform Act 2012;”;
““the daily living component of personal independence payment” means a payment in accordance with section 78 of the 2012 Act;”; and
““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”.
(3)
“(3)
Paragraph (1) and Schedule 1 have effect in relation to—
(a)
the following allowances and payments—
(i)
an attendance allowance;
(ii)
the care component of disability living allowance; and
(iii)
the daily living component of personal independence payment; and
(b)
any benefit by reference to which an allowance or payment under paragraph (a) above is to be adjusted;
as requiring adjustment where both that allowance or payment and the benefit are payable in respect of the same person (whether or not one or both of them are payable to that person).”.
(4)
(a)
after “Part 1 of the Welfare Reform Act” where it appears for the first time insert “, under Part 4 of the 2012 Act”; and
(b)
after “Part 1 of the Welfare Reform Act and regulations made under it” insert “, Part 4 of the 2012 Act and regulations made under it”.
(5)
In regulation 17 (prevention of double adjustments) for “or Part 1 of the Welfare Reform Act” substitute “, Part 1 of the Welfare Reform Act or Part 4 of the 2012 Act”.
(6)
In Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act)—
(a)
in column (1) for “Personal benefit under the Act” substitute “Personal benefit”;
(b)
Amendment of the Income Support (General) Regulations 1987
11.
(1)
(2)
(a)
““the 2012 Act” means the Welfare Reform Act 2012;”;
““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”; and
(b)
in the definition of “the benefits Acts” for “and Part 1 of the Welfare Reform Act” substitute “, Part 1 of the Welfare Reform Act and Part 4 of the 2012 Act”.
(3)
(4)
(a)
(b)
in paragraph (iii) after “disability living allowance” insert “or personal independence payment”; and
(c)
“; or
(iv)
the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (advance claim for and award of personal independence payment)27, an award at the standard or enhanced rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment;”.
(5)
In Schedule 2 (applicable amounts)—
(a)
(i)
omit “or” after “attendance allowance,”; and
(ii)
after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(b)
in paragraph 12 (additional condition for the higher pensioner and disability premiums)—
(i)
(ii)
(aa)
for “or disability living allowance” substitute “, disability living allowance or personal independence payment”; and
(bb)
in paragraph (i) for “or the Social Security (Disability Living Allowance) Regulations 1991” substitute “, the Social Security (Disability Living Allowance) Regulations 1991 or regulations made under section 86(1) (hospital in-patients) of the 2012 Act”;
(c)
in paragraph 13 (severe disability premium)—
(i)
(aa)
omit “or” after “attendance allowance,”; and
(bb)
after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(ii)
(aa)
omit “or” after “attendance allowance,”; and
(bb)
after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(iii)
(aa)
omit “or” after “attendance allowance,”; and
(bb)
after “Social Security Act” insert “or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(iv)
“(c)
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.”; and
(v)
“(1)
Subject to sub-paragraph (2), the condition is that—
(a)
the claimant; or
(b)
the claimant’s partner (if any) who is aged less than 60,
is a person to whom sub-paragraph (1ZA) applies.
(1ZA)
This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—
(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 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 that Act; or
(b)
the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that Act.”; and
(d)
“; or
(d)
a young person who is in receipt of personal independence payment or who would, but for regulations made under 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)
(i)
omit “or” at the end of sub-paragraph (6)(b)(i);
(ii)
“; or
(iii)
the daily living component of personal independence payment”; and
(iii)
in sub-paragraph (8)(a), for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.
(7)
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a)
(b)
Amendment of the Council Tax (Discount Disregards) Order 1992
12.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
13.
(1)
(2)
In Schedule 2 (amounts to be disregarded when calculating or estimating n and m)—
(a)
“8.
Any disability living allowance, personal independence payment, mobility supplement or any payment intended to compensate for the non-payment of any such allowance, payment or supplement.”; and
(b)
(3)
In Schedule 4 (cases where child support maintenance is not to be payable)—
(a)
(b)
“; and
(d)
personal independence payment in accordance with Part 4 of the Welfare Reform Act 2012”.
Amendment of the National Assistance (Assessment of Resources) Regulations 1992
14.
(1)
(2)
““personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
(3)
In Schedule 3 (sums to be disregarded in the calculation of income other than earnings)—
(a)
in paragraph 4 after “disability living allowance” insert “or the mobility component of personal independence payment”; and
(b)
in paragraph 6—
(i)
omit “or” at the end of paragraph (a); and
(ii)
“; or
(c)
the daily living component of any personal independence payment”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
15.
Amendment of the Jobseeker’s Allowance Regulations 1996
16.
(1)
(2)
(a)
““the 2012 Act” means the Welfare Reform Act 2012;”;
““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”;
““the Universal Credit etc. Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;”; and
(b)
in the definition of “the benefits Acts” for “and Part 1 of the Welfare Reform Act 2007” substitute “, Part 1 of the Welfare Reform Act 2007 and Part 4 of the 2012 Act”.
(3)
(a)
in paragraph (i) for “or the care component of disability living allowance at the highest or middle rate” substitute “, the care component of disability living allowance at the highest or middle rate or the daily living component of personal independence payment at the standard or enhanced rate”;
(b)
in paragraph (ii) for “or a disability living allowance” substitute “, disability living allowance or personal independence payment”; and
(c)
“; or
(v)
a person who has claimed personal independence payment and has an award of the daily living component at the standard or enhanced rate under section 78 of the 2012 Act for a period commencing after the date on which that claim was made”.
(4)
(a)
in paragraph (i) for “or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act” substitute “, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act”;
(b)
in paragraph (ii) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”; and
(c)
“or
(iv)
has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made,”.
(5)
(a)
in paragraph (i) for “or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act” substitute “, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act”;
(b)
in paragraph (ii) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”; and
(c)
“; or
(iv)
has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made”.
(6)
(a)
in paragraph (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 Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(b)
in paragraph (iv) after “disability living allowance” insert “or personal independence payment”; and
(c)
“or
(vi)
the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit etc. Claims and Payments Regulations (advance claim for and award of personal independence payment), an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;”.
(7)
In Schedule 1 (applicable amounts)—
(a)
(b)
in paragraph 14 (additional conditions for higher pensioner and disability premium), in sub-paragraph (1)—
(i)
“(ca)
the claimant or, as the case may be, his partner, is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);”;
(ii)
“(fa)
the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);”;
(iii)
omit “or” at the end of paragraph (g)(i); and
(iv)
“; or
(iii)
entitled to personal independence payment but no amount is payable in accordance with regulations made under section 86(1) (hospital in-patients) of the 2012 Act”;
(c)
(i)
in sub-paragraph (1)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(ii)
in sub-paragraph (2)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(iii)
in sub-paragraph (4)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”; and
(iv)
“(aa)
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt;”;
(d)
“(1)
Subject to sub-paragraph (2), the condition is that—
(a)
the claimant; or
(b)
the claimant’s partner (if any),
is a person who has not attained the qualifying age for state pension credit and is a person to whom sub-paragraph (1ZA) applies.
(1ZA)
This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—
(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 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 Benefits Act; or
(b)
the daily living component of personal independence payment is, or would, but for a suspension of benefits in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of the 2012 Act.”;
(e)
(i)
“(aa)
a young person who is in receipt of personal independence payment or who would, but for regulations made under 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
(ii)
in sub-paragraph (2) after “sub-paragraph (1)(a)” insert “, (aa)”;
(f)
(g)
(i)
“(ca)
is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);”;
(ii)
“(ga)
is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);”; and
(iii)
“or
(iii)
entitled to personal independence payment but no amount is payable in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act,”;
(h)
(i)
in sub-paragraph (1)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(ii)
in sub-paragraph (3)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”; and
(iii)
“(c)
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.”; and
(i)
“(1)
Subject to sub-paragraph (2), the condition is that in respect of a member of a joint-claim couple who has not attained the qualifying age for state pension credit—
(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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act; or
(b)
the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate in accordance with section 78(2) of the 2012 Act.”.
(8)
(a)
“, or
(iii)
the daily living component of personal independence payment”; and
(b)
in sub-paragraph (8)(a) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.
(9)
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—
(a)
(b)
Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996
17.
(a)
in paragraph 8(b) after “following pensions” insert “, payments”;
(b)
“(vii)
personal independence payment under Part 4 of the Welfare Reform Act 2012;”; and
(c)
in paragraph 8(c)—
(i)
after ‘pension’ insert ‘, payment’;
(ii)
for “or (vi)” substitute “, (vi) or (vii)”;
(iii)
the text from “in consequence of his becoming a patient” to the end becomes paragraph (i); and
(iv)
“; or
(ii)
in accordance with regulations made section 86(1) (hospital in-patients) of the Welfare Reform Act 2012”.
Amendment of the Housing Renewal Grants Regulations 1996
18.
(1)
(2)
““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)
“(viii)
personal independence payment;”;
(b)
omit “or” at the end of paragraph (3)(f);
(c)
“; 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)
“; 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)
“(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)
“; 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)
“; or
(c)
a person receiving the daily living component of personal independence payment”;
(c)
“; 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)
“; 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)
(5)
(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)
“; 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)
“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)
“; 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”.
Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996
19.
(a)
in paragraph (3)—
(i)
in sub-paragraph (b) for “either of the allowances” substitute “a disability benefit”’;
(ii)
for “the allowance” substitute “the disability benefit”;
(b)
“(4)
Subject to paragraph (4A), where the Secretary of State considers that a person who has made an application in respect of special expenses falling within paragraph (1) or his dependant may be entitled to a disability benefit—
(a)
if that applicant or his dependant has at the date of that application, or within a period of six weeks beginning with the giving or sending to that person of notification of the possibility of entitlement to a disability benefit, applied for a disability benefit, the application made by that applicant shall not be determined until a decision has been made by the Secretary of State on the eligibility for that disability benefit of that applicant or that dependant;
(b)
if that applicant or his dependant has failed to apply for a disability benefit within the six week period specified in sub-paragraph (a), the Secretary of State shall determine the application for a departure direction made by that applicant on the basis that that applicant has income equivalent to the highest rate prescribed in respect of that disability benefit by or under those sections.”;
(c)
“(4A)
Paragraphs (3) and (4) do not apply where the dependant of an applicant is adjudged eligible for a disability benefit and in all the circumstances of the case the Secretary of State considers that the costs being met by the applicant in respect of the items listed in paragraph (1) shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act without the deductions in paragraph (3) being made.”; and
(d)
“(d)
“disability benefit” means disability living allowance under section 71 of the Contributions and Benefits Act, personal independence payment under Part 4 of the Welfare Reform Act 2012 or attendance allowance under section 64 of the Contributions and Benefits Act.”.
Amendment of the Education (Student Loans) Regulations 1998
20.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
21.
“; or
(i)
regulations under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012 apply, or cease to apply, to the claimant for a period of less than one week”.
Amendment of the Maternity and Parental Leave etc. Regulations 1999
22.
(1)
(2)
““personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
(3)
(4)
(5)
In Schedule 2 (default provisions in respect of parental leave)—
(a)
in paragraph 2(c)—
(i)
after “disability living allowance” insert “or personal independence payment”; and
(ii)
after “that allowance” insert “or payment”; and
(b)
in paragraph 7 after “disability living allowance” insert “or personal independence payment”.
Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
23.
(1)
(2)
““personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
(3)
In regulation 2 (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999)—
(a)
(b)
in paragraph (3) after “Contributions and Benefits Act” insert “or personal independence payment”.
(4)
Amendment of the Child Support (Variations) Regulations 2000
24.
(a)
in paragraph (2)(a)(i) after “disability living allowance” insert “, personal independence payment”;
(b)
omit “or” at the end of paragraph (2)(a)(ii);
(c)
“or
(iv)
he would receive personal independence payment but for regulations under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012 and he remains part of the applicant’s family;”;
(d)
“(iia)
“personal independence payment” means an allowance payable under section 78 of the Welfare Reform Act 2012 (daily living component);”; and
(e)
Amendment of the Representation of the People (England and Wales) Regulations 2001
25.
Amendment of the Representation of the People (Scotland) Regulations 2001
26.
Amendment of the State Pension Credit Regulations 2002
27.
(1)
(2)
““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)
“(aa)
personal independence payment;”.
(4)
In Schedule 1—
(a)
in paragraph 1 (severe disablement)—
(i)
in sub-paragraph (1)(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 in accordance with section 78(3) of the 2012 Act”;
(ii)
in sub-paragraph (1)(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 in accordance with section 78(3) of the 2012 Act”;
(iii)
in sub-paragraph (1)(c)(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 in accordance with section 78(3) of the 2012 Act”;
(iv)
in sub-paragraph (2)(a) 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 in accordance with section 78(3) of the 2012 Act”;
(v)
in sub-paragraph (2)(a)(i) after “allowance” insert “or payment”; and
(vi)
“(ba)
for the purposes of sub-paragraph (1)(b) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of that Act, be so in receipt;” and
(b)
in paragraph 2 (persons residing with the claimant whose presence is ignored), in sub-paragraph (2)(a), 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 in accordance with section 78(3) of the 2012 Act”.
(5)
In Schedule 2 (housing costs)—
(a)
“or
(ee)
is a person in respect of whom personal independence payment is payable or would be payable but for regulations under section 86(1) (hospital in-patients) of the 2012 Act”; and
(b)
in paragraph 14 (persons residing with the claimant)—
(i)
omit “or” at the end of sub-paragraph (6)(b)(i);
(ii)
“; or
(iii)
the daily living component of personal independence payment”; and
(iii)
in sub-paragraph (8)(a) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.
(6)
In paragraph 1 of Schedule 3 (special groups: polygamous marriages), in sub-paragraph (9), 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 in accordance with section 78(3) of the 2012 Act”.
(7)
“(ba)
personal independence payment;”.
(8)
In paragraph 4(1)(a) of Schedule 6 (sums disregarded from claimant’s earnings)
(a)
(b)
“(viii)
personal independence payment; or”.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
28.
(1)
(2)
““personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
(3)
“(d)
personal independence payment.”.
(4)
“(i)
personal independence payment.”.
(5)
In regulation 14(4)—
(a)
(b)
“; or
(d)
personal independence payment is payable in respect of that child, or would be payable but for regulations under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012”.
(6)
In regulation 17 (severe disability element)—
(a)
in paragraph (1) after “paragraph (2)” insert “or (3)”; and
(b)
“(3)
A person satisfies this paragraph if the enhanced rate of the daily living component of personal independence payment under section 78(2) of the Welfare Reform Act 2012—
(a)
is payable in respect of that person; or
(b)
would be so payable but for regulations made under section 86(1) (hospital in-patients) of that Act.”.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
29.
Amendment of the Child Tax Credit Regulations 2002
30.
(1)
(2)
““personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
(3)
In regulation 8 (prescribed conditions for a disabled or severely disabled child or qualifying young person)—
(a)
in paragraph (1)(b) after “paragraph (3)” insert “or (4)”;
(b)
“; or
(d)
personal independence payment is payable in respect of that person, or would be so payable but for regulations made under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012”; and
(c)
“(4)
A person satisfies the requirements of this paragraph if the daily living component of personal independence payment—
(a)
is payable in respect of that person, or
(b)
would be so payable but for regulations made under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012,
at the enhanced rate under section 78(2) of that Act.”.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
31.
(1)
(2)
““personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
(3)
Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002
32.
Amendment of the Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003
33.
(a)
for the word “Acts” substitute “legislation”;
(b)
omit “and” at the end of sub-paragraph (i); and
(c)
“, and
(k)
Part 4 of the Welfare Reform Act 2012”.
Amendment of the European Parliamentary Elections Regulations 2004
34.
(a)
omit “or” at the end of paragraph (6)(c); and
(b)
“; or
(e)
the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application”.
Amendment of the Non-Contentious Probate Fees Order 2004
35.
(a)
omit “and” at the end of paragraph (f); and
(b)
“and
(h)
personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
Amendment of the Housing Benefit Regulations 2006
36.
(1)
(2)
(a)
““the 2012 Act” means the Welfare Reform Act 2012;”;
““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”;
(b)
in the definition of “the benefit Acts” after “the Jobseekers Act” insert “, Part 4 of the 2012 Act”; and
(c)
in the definition of “person who requires overnight care”—
(i)
omit “or” at the end of sub-paragraph (a)(ii);
(ii)
“(iia)
is in receipt of the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or”; and
(iii)
in sub-paragraph (a)(iii) for “or (ii)” substitute “, (ii) or (iia)”.
(3)
In regulation 28 (treatment of child care charges)—
(a)
“(viii)
personal independence payment;”;
(b)
omit “or” at the end of paragraph (13)(b); and
(c)
“; or
(d)
in respect of whom personal independence payment is payable, or would be payable but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act”.
(4)
(a)
omit “or” at the end of sub-paragraph (6)(b)(i);
(b)
“or
(iii)
the daily living component of personal independence payment;”; and
(c)
in paragraph (9)(a) for “or disability living allowance” insert “, disability living allowance or personal independence payment”.
(5)
In regulation 79 (date on which change of circumstances is to take effect), in paragraph (6), after “the Act” insert “or Part 4 of the 2012 Act”.
(6)
In Schedule 3 (applicable amounts)—
(a)
in paragraph 7(2) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(b)
in paragraph 13 (additional condition for the disability premium), in sub-paragraph (1)(a)—
(i)
in paragraph (i) after “disability living allowance,” insert “personal independence payment,”; and
(ii)
“(iiia)
would be in receipt of personal independence payment but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act; or”;
(c)
in paragraph 14 (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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate 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 Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate 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)
in sub-paragraph (4)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(v)
“(c)
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act, if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.”;
(d)
“; or
(c)
the enhanced rate of the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable in respect of—
(i)
the claimant; or
(ii)
a member of the claimant’s family,
who has not attained the qualifying age for state pension credit”; and
(e)
“; or
(d)
is a young person who is in receipt of personal independence payment or who would, but for regulations made under 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”.
(7)
In paragraph 6 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) after “disability living allowance” insert “or personal independence payment”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
37.
(1)
(2)
(a)
““the 2012 Act” means the Welfare Reform Act 2012;”;
““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”;
(b)
in the definition of “the benefit Acts” after “Welfare Reform Act” insert “, Part 4 of the 2012 Act”;
(c)
in the definition of “person who requires overnight care”—
(i)
omit “or” at the end of sub-paragraph (a)(ii);
(ii)
“(iia)
is in receipt of the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or”; and
(iii)
in sub-paragraph (a)(iii) for “or (ii)” substitute “, (ii) or (iia)”.
(3)
“(ia)
personal independence payment;”.
(4)
In regulation 31 (treatment of child care charges)—
(a)
“(viii)
personal independence payment;”;
(b)
omit “or” at the end of paragraph (13)(b); and
(c)
“; or
(d)
in respect of whom personal independence payment is payable, or would be payable but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act”.
(5)
(a)
omit “or” at the end of paragraph (6)(b)(i);
(b)
“; or
(iii)
the daily living component of personal independence payment”; and
(c)
in paragraph (10)(a) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.
(6)
In regulation 59 (date on which change of circumstances is to take effect), in paragraph (6), after “the Act” insert “or Part 4 of the 2012 Act”.
(7)
In Schedule 3 (applicable amounts)—
(a)
“(2)
For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer’s allowance under section 70 of the Act by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of—
(a)
attendance allowance;
(b)
the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or
(c)
the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act.”;
(b)
in paragraph 6 (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 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate 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 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate 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)
in sub-paragraph (6)(a) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act”;
(v)
“(c)
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act, if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.”;
(c)
“(1)
Subject to sub-paragraph (2), 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 Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Act; or
(b)
the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate under section 78(2) of the 2012 Act;
in respect of a child or young person who is a member of the claimant’s family.”; and
(d)
“; or
(d)
is a young person who is in receipt of personal independence payment or who would, but for regulations made under 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”.
(8)
In paragraph 5(1)(a) of Schedule 4 (sums disregarded from claimant’s earnings)—
(a)
(b)
“(viii)
personal independence payment; or”.
(9)
“(ba)
personal independence payment;”.
Amendment of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006
38.
(1)
(2)
“(iv)
has been in receipt of the mobility component of personal independence payment at the enhanced rate under section 79(2) of the Welfare Reform Act 2012; or”.
(3)
“(h)
Part 4 of the Welfare Reform Act 2012.”.
Amendment of the National Assembly for Wales (Representation of the People) Order 2007
39.
“; or
(c)
the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application”.
Amendment of the Employment and Support Allowance Regulations 2008
40.
(1)
(2)
““the 2012 Act” means the Welfare Reform Act 2012;”;
““daily living component” means the daily living component of personal independence payment under section 78 of the 2012 Act;”;
““personal independence payment” means personal independence payment under Part 4 of the 2012 Act;”.
(3)
In regulation 18 (circumstances in which the condition that the claimant is not receiving education does not apply) after “disability living allowance” insert “or personal independence payment”.
(4)
In regulation 158 (meaning of “person in hardship”), in paragraph (3)—
(a)
in sub-paragraph (b) for “or the care component” substitute “, the care component or the daily living component”;
(b)
in sub-paragraph (c) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”;
(c)
in sub-paragraph (d)(i) for “or the care component” substitute “, the care component or the daily living component”; and
(d)
in sub-paragraph (d)(ii) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.
(5)
In Schedule 4 (amounts)—
(a)
“(2)
For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of—
(a)
attendance allowance;
(b)
the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; or
(c)
the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act.”;
(b)
in paragraph 6 (severe disability premium)—
(i)
(ii)
(iii)
in sub-paragraph (2)(b)(ii) after “care component” in each place where it appears insert “, the daily living component”;
(iv)
in sub-paragraph (4)(a) after “attendance allowance,” insert “the daily living component”; and
(v)
“(c)
as being in entitled to, and in receipt of, the daily living component if the person would, but for regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so entitled and in receipt.”; and
(c)
in paragraph 7 (enhanced disability premium)—
(i)
omit “or” at the end of sub-paragraph (1)(a); and
(ii)
“; or
(c)
the daily living component is, or would, but for regulations made under 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—
(i)
the claimant; or
(ii)
the claimant’s partner (if any) who is aged less then the qualifying age for state pension credit”.
(6)
In Schedule 6 (housing costs)—
(a)
(b)
in paragraph 19 (non-dependant deductions)—
(i)
omit “or” at the end of sub-paragraph (6)(b)(i);
(ii)
“; or
(iii)
the daily living component”; and
(iii)
in sub-paragraph (8)(a) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”.
(7)
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—
(a)
in paragraph 8 after “disability living allowance” insert “or the mobility component of personal independence payment”; and
(b)
in paragraph 11 for “or the care component of disability living allowance” substitute “, the care component of disability living allowance or the daily living component”.
Amendment of the Magistrates’ Courts Fees Order 2008
41.
(a)
omit “and” at the end of paragraph (f); and
(b)
“and
(h)
personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
Amendment of the Civil Proceedings Fees Order 2008
42.
(a)
omit “and” at the end of paragraph (f); and
(b)
“and
(h)
personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
Amendment of the Family Proceedings Fees Order 2008
43.
(a)
omit “and” at the end of paragraph (f); and
(b)
“and
(h)
personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
Amendment of the Education (Student Loans) (Repayment) Regulations 2009
44.
Amendment of the Supreme Court Fees Order 2009
45.
(a)
omit “and” at the end of paragraph (f); and
(b)
“and
(h)
personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations 2010
46.
“(f)
the daily living component of personal independence payment in accordance with section 78 of the Welfare Reform Act 2012.”.
Amendment to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011
47.
(a)
omit “and” at the end of paragraph (f); and
(b)
“and
(h)
personal independence payment under Part 4 of the Welfare Reform Act 2012;”.
Amendment to the Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012
48.
(a)
omit “and” at the end of sub-paragraph (e); and
(b)
“; and
(g)
personal independence payment under Part 4 of the 2012 Act”.
Amendment to the Police and Crime Commissioner Elections Order 2012
49.
(a)
omit “or” at the end of sub-paragraph (6)(a); and
(b)
“, or
(c)
the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application”.
Amendment to the Child Support Maintenance Calculation Regulations 2012
50.
(a)
in paragraph (2)(a)(i) after “disability living allowance” insert “or personal independence payment”;
(b)
omit “or” at the end of paragraph (2)(a)(ii);
(c)
“or
(iv)
that person would receive personal independence payment but for regulations under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012, and remains part of the applicant’s family,”;
(d)
“(g)
“personal independence payment” means the daily living component of personal independence payment under section 78 of the Welfare Reform Act 2012.”;
(e)
in paragraph (3) after “the amount of the allowance” insert “or payment”; and
(f)
in paragraph (3)(b) after “disability living allowance” insert “or personal independence payment”.
Amendment to the Benefit Cap (Housing Benefit) Regulations 2012
51.
(a)
“(ea)
the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence payment;”;
(b)
in sub-paragraph (f) for “or (e)” substitute “, (e) or (ea)”; and
(c)
“(iv)
that payment is not payable in accordance with regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the Welfare Reform Act 2012;”.
The provisions contained in these Regulations are consequential upon, or supplementary to, provisions in Part 4 of the Welfare Reform Act 2012 (c.5).
Paragraph 1 of the Schedule makes provision for adjusting personal independence payment where medical expenses are paid from public funds under war pensions instruments.
Paragraph 3 of the Schedule amends the Council Tax (Additional Provision for Discount Disregards) Regulations 1992 which makes provision for care workers in relation to council tax disregards. Both the standard and enhanced rates of the daily living component of personal independence payment have been added to the list of qualifying benefits in respect of the person being cared for.
Paragraph 4 of the Schedule amends the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 to provide that persons who score at least 8 points on the “moving around” activity of the assessment for the mobility component of personal independence payment may be issued with a badge in accordance with those Regulations. An amendment to regulation 6 also provides that the period of issue of a badge shall end on the date when the badge holder will cease to receive personal independence payment, where this is less than three years from the date of issue.