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

Amendment of the Housing Benefit Regulations 2006

34.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2(1)(interpretation)(2)—

(a) 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;”;

(b) in the paragraph defining “the benefit Acts” after “part 4 of the 2012 Act” insert “, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”;

(c) in the paragraph defining “person who requires overnight care”—

(i) omit “or” at the end of sub-paragraph (a)(iia);

(ii) after sub-paragraph (a)(iia) insert—

“(iib) is in receipt of armed forces independence payment; or”; and

(iii) in sub-paragraph (a)(iii) for “, (ii) or (iia)” substitute “, (ii), (iia) or (iib)”.

(3) In regulation 28 (treatment of child care charges)—

(a) after paragraph (11)(d)(viii) insert—

“(ix) armed forces independence payment;”;

(b) omit “or” after paragraph (13)(c); and

(c) after paragraph (13)(d) insert—

“; or

(e) in respect of whom armed forces independence payment is payable.”.

(4) In regulation 74 (non-dependant deductions)(3)—

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

(b) after sub-paragraph (6)(b)(iii) insert—

“or

(iv) armed forces independence payment.”; and

(c) in paragraph (9)(a) after “disability living allowance” insert “, armed forces independence payment”.

(5) In regulation 79(6) (date on which change of circumstances is to take effect)—

(a) for “the Act or” substitute “the Act,”; and

(b) after “Part 4 of the 2012 Act” insert “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

(6) In Schedule 3 (applicable amounts)—

(a) in paragraph 7(2)—

(i) after “section 72(3) of the Act” for “or” insert “,”; and

(ii) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(b) in paragraph 13(1)(a) (additional condition for the disability premium)(4), in sub-paragraph (i), after “personal independence payment” insert “, armed forces independence payment,”;

(c) in paragraph 14 (severe disability premium)(5)—

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

(ii) in sub-paragraph (2)(b)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”; and

(iii) in sub-paragraph (4)(a) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(d) in paragraph 15 (enhanced disability premium)—

(i) after sub-paragraph (1)(c) insert—

“; or

(d) armed forces independence payment is 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,”;

(e) in paragraph 16 (disabled child premium), after sub-paragraph (d) insert—

“; or

(e) is a young person who is in receipt of armed forces independence payment.”.

(7) In Schedule 5 (sums to be disregarded in the calculation of income), in paragraph 6, after “disability living allowance” insert “, armed forces independence payment”.

(1)

S.I. 2006/213 as amended by S.I. 2013/388.

(2)

There are amendments to regulation 2 which are not relevant to these Regulations.

(3)

Regulation 74 was substituted by S.I. 2007/2868 and amended by S.I. 2008/1082, 2008/2767, 2010/641, 2011/2425, 2012/780 and 2012/870.

(4)

Paragraph 13(1)(a) was amended by S.I. 2005/2502 and S.I. 2006/217.

(5)

Paragraph 14 was amended by S.I. 2007/719, 2009/583 and 2010/1160.