SCHEDULEPERSONAL INDEPENDENCE PAYMENT: SUPPLEMENTARY PROVISIONS AND CONSEQUENTIAL AMENDMENTS

PART 2CONSEQUENTIAL AMENDMENTS

Amendment of the Housing Benefit Regulations 200636

1

The Housing Benefit Regulations 2006117 are amended as follows.

2

In regulation 2 (interpretation)118, in paragraph (1)—

a

in the appropriate places insert—

“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

after sub-paragraph (a)(ii) insert—

iia

is in receipt of the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or

iii

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

3

In regulation 28 (treatment of child care charges)—

a

after paragraph (11)(d)(vii)119 insert—

viii

personal independence payment;

b

omit “or” at the end of paragraph (13)(b); and

c

after paragraph (13)(c) insert—

; 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

In regulation 74 (non-dependant deductions)120—

a

omit “or” at the end of sub-paragraph (6)(b)(i);

b

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

or

iii

the daily living component of personal independence payment;

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

after paragraph (iii)121 insert—

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

after sub-paragraph (5)(b) insert—

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

in paragraph 15 (enhanced disability premium), after sub-paragraph (1)(b)122 insert—

; 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

e

in paragraph 16 (disabled child premium), after sub-paragraph (c)123 insert—

; 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”.