# The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024, 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 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 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;”.

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Source: https://www.legislation.gov.uk/uksi/2024/919/article/28 (the official version)
Page: https://openlegislation.uk/social-security-scotland-act-2018-disability-assistance-consequential-amendments-order-2024/article-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.