OpenLegislation

The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022

S.I. 2022/530 · Made 10 May 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been published to correct errors in S.I. 2022/177 and is being issued free of charge to all known recipients of that Statutory Instrument

Constitutional Law

Devolution, Scotland

Social Security

Made 10th May 2022

Laid before Parliament 12th May 2022

Coming into force 6th June 2022

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2) of the Scotland Act 1998f1.

Annotations to the whole text

Footnotes

f1

1998 c. 46; section 104 was amended by section 12 of the Scotland Act 2012 (c. 11).

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. Part 2: Amendments to legislation applying in relation to England and Wales and Scotland
  4. 2Amendment of the Income Support (General) Regulations 1987
  5. 3Amendment of the Jobseeker’s Allowance Regulations 1996
  6. 4Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  7. 5Amendment of the Child Support Maintenance Calculation Regulations 2012
  8. Part 3: Amendments to legislation applying in relation to Northern Ireland
  9. 6Amendment of the Income Support (General) Regulations (Northern Ireland) 1987
  10. 7Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996
  11. 8Amendment of the State Pension Credit Regulations (Northern Ireland) 2003
  12. 9Amendment of the Housing Benefit Regulations (Northern Ireland) 2006
  13. 10Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
  14. 11Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008
  15. 12Amendment of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012
  16. Signature
  17. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022.

(2)

This Order comes into force on 6th June 2022.

(3)

This Order extends to England and Wales, Scotland and Northern Ireland.

2Amendment of the Income Support (General) Regulations 1987

(1)

The Income Support (General) Regulations 1987f1 are amended as follows.

(2)

In Schedule 2 (applicable amounts)—

(a)

in paragraph 13(3A)(d) (severe disability premium), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(b)

in paragraph 13A(1ZA)(d) (enhanced disability premium), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”.

3Amendment of the Jobseeker’s Allowance Regulations 1996

(1)

The Jobseeker’s Allowance Regulations 1996f1 are amended as follows.

(2)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 20I(4)(d) (severe disability premium), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(b)

in paragraph 20IA(1)(b) (enhanced disability premium), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”.

4Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 are amended as follows.

(2)

In Schedule 3 (applicable amounts)—

(a)

in paragraph 6(7)(d) (severe disability premium) for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(b)

in paragraph 7(1)(ba) (enhanced disability premium) for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”.

5Amendment of the Child Support Maintenance Calculation Regulations 2012

(1)

The Child Support Maintenance Calculation Regulations 2012f1 are amended as follows.

(2)

In regulation 64(2)(a)(v) (illness or disability of relevant other child) for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”.

6Amendment of the Income Support (General) Regulations (Northern Ireland) 1987

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 are amended as follows.

(2)

In Schedule 2 (applicable amounts)—

(a)

in paragraph 13(3A)(d) (severe disability premium), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(b)

in paragraph 13A(1ZA)(d) (enhanced disability premium), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(c)

in paragraph 14(2) (disabled child premium) for “(aa) or (b), (d)” substitute “(aa), (b) or (d)”.

7Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 are amended as follows.

(2)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 15(5)(ab) (severe disability premium), after “of those Regulations be” omit “in”;

(b)

in paragraph 20I(4)(d) (severe disability payment) for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(c)

in paragraph 20IA(1)(b) for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”.

8Amendment of the State Pension Credit Regulations (Northern Ireland) 2003

(1)

The State Pension Credit Regulations (Northern Ireland) 2003f1 are amended as follows.

(2)

In Schedule 1 (circumstances in which persons are treated as being or not being severely disabled) in paragraph 1(2)(bb), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(3)

In Schedule 6 (sums disregarded from claimant’s earnings), in paragraph 4(1)(a), renumber head (viii), which was inserted by article 23(7) of the Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022f2, as head (viia).

9Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended as follows.

(2)

In regulation 73F(1)(g) (exception to the benefit cap: receipt of specified benefit), renumber head (v), which was inserted by article 24(5)(b) of the Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022, as head (vi).

10Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 are amended as follows.

(2)

In Schedule 4 (applicable amounts)—

(a)

in paragraph 6 (severe disability premium)—

(i)

in sub-paragraph (6)(a), for “Disability Assistance for” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(ii)

in sub-paragraph (7)(d), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”;

(b)

in paragraph 7(1)(c), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”.

11Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008f1 are amended as follows.

(2)

In Schedule 4 (amounts), in paragraph 6(5)(d), for “as being in entitled” substitute “as being entitled”.

12Amendment of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

(1)

The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012f1 are amended as follows.

(2)

In regulation 63 (illness or disability of relevant other child), in paragraph (2)(a)(v), for “Disability for Working Age People (Scotland) Regulations 2022” substitute “Disability Assistance for Working Age People (Scotland) Regulations 2022”.

Signature

Chloe Smith

Minister of State

Department for Work and Pensions

10th May 2022

Explanatory note

(This note is not part of the Order)

This instrument corrects a number of errors introduced by the Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177) to certain social security legislation applying in England and Wales and Northern Ireland. This instrument is being issued free of charge to all known recipients of that instrument.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.