Article 28 Amendment 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) 2006^f1 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “member of a couple who cannot share a bedroom”, after sub-paragraph (a)(i), insert—

“(ia)

pension age disability payment at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024;”;

(b)

after the definition of “payment”, insert—

““pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;”;

(c)

in the definition of “person who requires overnight care”—

(i)

after sub-paragraph (a)(i), insert—

“(ia)

is in receipt of pension age disability payment;”;

(ii)

in sub-paragraph (a)(iii), after “(i),”, insert “(ia),”.

(3)

In regulation 29(11) (treatment of child care charges)—

(a)

after sub-paragraph (d)(ii), insert—

“(iia)

pension age disability payment;”;

(b)

after sub-paragraph (e), insert—

“(ea)

a pension age disability payment was payable on account of his incapacity but has ceased to be payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;”.

(4)

In regulation 53 (non-dependant deductions)—

(a)

after paragraph (6)(b)(i), insert—

“(ia)

pension age disability payment;”;

(b)

in paragraph (10)(a), after “attendance allowance”, insert “, pension age disability payment,”.

(5)

In Schedule 4 (applicable amounts)—

(a)

after paragraph 5(2)(b), insert—

“(ba)

pension age disability payment;”;

(b)

in paragraph 6—

(i)

in sub-paragraphs (2)(a)(i) and (b)(i) and (6)(a), after “attendance allowance”, insert “, pension age disability payment”;

(ii)

after sub-paragraph (7)(d), insert—

“;

(e)

as being in receipt of pension age disability payment if that person would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024^f2 be so in receipt.”.

(6)

After paragraph 5(1)(a)(iii) of Schedule 5 (sums disregarded from claimant’s earnings), insert—

“(iiia)

pension age disability payment;”.

Annotations

Footnotes

f1: S.R. 2006 No. 406; relevant amending instruments are S.R. 2008 No. 428, S.R. 2010 No. 69, S.R. 2011 No. 357, S.I. 2013/3021, S.R. 2016 No. 228, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.I. 2021/786, S.R. 2021 No. 345, S.I. 2022/177, S.I. 2022/530, S.R. 2023 Nos. 97 and 184.
f2: S.S.I. 2024/166.