Citation and commencement

1. This Order may be cited as the Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 and comes into force on 24th December 2013.

Amendment to the Road Traffic (Northern Ireland) Order 1995

2. In Article 25 (payments in respect of applicants for exemption from wearing seat belts) of the Road Traffic (Northern Ireland) Order 1995( 2 ), in paragraph (2) before sub-paragraph (b) insert—

“ (ab) those in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( 3 ) . ” .

Amendment of the Adoption Allowance Regulations (Northern Ireland) 1996

3. —(1) The Adoption Allowance Regulations (Northern Ireland) 1996( 4 ) are amended as follows.

(2) In regulation 1 (Citation, commencement and interpretation), in paragraph (2) after the definition of “adoption panel” insert—

“ “armed forces independence payment” means the payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ”

(3) In regulation 3(3), after “allowance” insert “ or armed forces independence payment”.

Amendment of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004

4. —(1) The Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004( 5 ) are amended as follows.

(2) In regulation 2 (Interpretation), in the appropriate place insert the following—

“ “armed forces independence payment” means the payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ”

(3) In Schedule 1 (Modifications of the Income Support (General) Regulations (Northern Ireland) 1987( 6 )), Table B, in column 2 of the entry relating to Schedule 2, for the entry relating to paragraph 13A(1) substitute—

“ For paragraph 13A(1) (enhanced disability premium) substitute—

“ 13A. —(1) Subject to sub-paragraph (2), the conditions are that—

(a) the claimant is aged less than 60 and, where the claimant is a member of a couple, the claimant’s partner is aged less than 60; and

(b) the claimant or, as the case may be, the claimant’s partner is—

(i) in receipt of employment and support allowance which includes a support component;

(ii) in receipt of the care component of disability living allowance at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act ( 7 ) or would be in receipt of that component at that rate but for either a suspension of benefit in accordance with regulations made under section 113(2) of that Act or an abatement as a consequence of hospitalisation; or

(iii) in receipt of armed forces independence payment. ” . ” .

Amendment of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999

5. —(1) The Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999( 8 ) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “maternity leave” insert –

“ “armed forces independence payment” means the payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

(3) In regulation 14(1A) (extent of entitlement), after “disability living allowance” insert “or armed forces independence payment”.

(4) In regulation 15(3) (when parental leave may be taken), after “disability living allowance” insert “or armed forces independence payment”.

(5) In Schedule 2 (default provisions in respect of parental leave) –

(a) in paragraph 2(c) after “entitled to” to the end substitute “a disability living allowance or armed forces independence payment, the child’s entitlement to that allowance or payment.”; and

(b) in paragraph 7 after “disability living allowance” insert “or armed forces independence payment”.

Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003

6. —(1) The Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003( 9 ) are amended as follows.

(2) In the definition of “disabled” in regulation 2(1) (interpretation), after “Benefits (Northern Ireland) Act 1992” insert “or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

Amendment of the Education (Student Loans) Regulations (Northern Ireland) 1998

7. —(1) The Education (Student Loans) Regulations (Northern Ireland) 1998( 10 ) are amended as follows.

(2) In Schedule 2 (terms of loans), in paragraph 1, in the definition of “disability related benefits”, after “Social Security Contributions and Benefits Act 1992” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”.

Amendment of the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009

8. —(1) The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009( 11 ) are amended as follows.

(2) In regulation 6 (interpretation), in the definition of “disability-related benefit” in sub-paragraph (1), after “Social Security Contributions and Benefits (Northern Ireland) Act 1992” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”.

Amendment of the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981

9. —(1) The Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981( 12 ) are amended as follows.

(2) In paragraph 6 of Schedule 1 after sub-paragraph ( e ) insert—

“ (f) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. ” .

Amendment of the Legal Advice and Assistance Regulations (Northern Ireland) 1981

10. —(1) The Legal Advice and Assistance Regulations (Northern Ireland) 1981( 13 ) are amended as follows.

(2) In paragraph 8 of Schedule 1 after sub-paragraph 8(c)(iv) insert—

“ (v) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. ” .

Amendment of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976

11. —(1) The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976( 14 ) are amended as follows.

(2) In regulation 9(2)(b) (conditions relating to residence and presence in Northern Ireland)( 15 ) after “and where” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011( 16 ),”.

Amendment of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978

12. —(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978( 17 ) are amended as follows.

(2) In regulation 2(1A) (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance)( 18 ) after “in receipt of” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”.

Amendment of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979

13. —(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979( 19 ) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “the Welfare Reform Act”( 20 ) insert—

“ “armed forces independence payment” means a payment under article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( 21 ) ; ” ; and

(b) after the definition of “disablement pension” insert—

“ “the enhanced rate” in relation to the daily living component of personal independence payment means the rate prescribed in regulation 24(1)(b) of the Social Security (Personal Independence Payment) Regulations 2013 ( 22 ) , and for this purpose “personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012 ( 23 ) ; ” .

(3) In regulation 6(3) (adjustments of personal benefit under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits)( 24 )—

(a) after “in relation to” insert “armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate,”; and

(b) for “that allowance” in both places where it appears substitute “that payment or allowance”.

(4) In regulation 16 (persons to be treated as entitled to benefit for certain purposes)( 25 )—

(a) after “the Jobseekers Order” where it appears for the first time insert “, or entitled to armed forces independence payment”; and

(b) for “or under the Jobseekers Order and regulations made under it,” substitute “, under the Jobseekers Order and regulations made under it or entitled to armed forces independence payment,”.

(5) In Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act)—

(a) in column (1), for “Personal benefit under the Act” substitute “Personal benefit”;

(b) in column (1), for paragraph 5( 26 ) substitute—

“ 5. Attendance allowance, the care component of disability living allowance or armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate ” ; and

(c) after paragraph 9 add—

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

14. —(1) The Income Support (General) Regulations (Northern Ireland) 1987( 27 ) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “the Armed Forces and Reserve Forces Compensation Scheme”( 28 ) insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

(3) In regulation 4(2)(c)(v)(aa) (temporary absence from Northern Ireland)( 29 ) after “entitled to” insert “armed forces independence payment or”.

(4) In Schedule 1B (prescribed categories of person: persons caring for another person)( 30 ) in paragraph 4(a)—

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”; and

(b) in paragraph (iii) after “entitlement to” insert “armed forces independence payment or”.

(5) In Schedule 2 (applicable amounts)—

(a) in paragraph 7(2) (premiums)( 31 ) after “remains in receipt of” insert “armed forces independence payment,”;

(b) in paragraph 12(1)(a)(i) (additional condition for the higher pensioner and disability premiums)( 32 ) after “following benefits:” insert “armed forces independence payment,”;

(c) in paragraph 13 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i)( 33 ) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i)( 34 ) after “in receipt of” insert “armed forces independence payment,”; and

(iii) in sub-paragraph (3)(a)( 35 ) after “receiving” insert “armed forces independence payment,”;

(d) in paragraph 13A (enhanced disability premium)( 36 ) for sub-paragraph (1) substitute—

“ (1) Subject to sub-paragraph (2), the condition is that—

(a) the claimant; or

(b) the claimant’s partner (if any) who has not attained the qualifying age for state pension credit,

is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a) armed forces independence payment is payable to that person; or

(b) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act. ” ; and

(e) in paragraph 14 (disabled child premium)( 37 )—

(i) before sub-paragraph (1)(a) insert—

“ (za) in receipt of armed forces independence payment; ” ; and

(ii) in sub-paragraph (2) for “sub-paragraph (1)(a)” substitute “sub-paragraph (1)(za), (a)”.

(6) In Schedule 3 (housing costs: non-dependant deductions)( 38 ) in paragraph 18—

(a) in sub-paragraph (6)(b) before paragraph (i) insert—

“ (zi) armed forces independence payment, ” ; and

(b) in sub-paragraph (8)(a) after “any” insert “armed forces independence payment,”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 72( 39 ) insert—

“ 72A. Armed forces independence payment. ” .

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992

15. —(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992( 40 ) are amended as follows.

(2) In Schedule 2 (amounts to be disregarded when calculating or estimating n and m)—

(a) for paragraph 8 substitute—

“ 8. Any armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, disability living allowance, mobility supplement or any payment intended to compensate for the non-payment of any such payment, allowance or supplement. ” ; and

(b) in paragraph 15( 41 ) after “disability living allowance,” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”.

(3) In Schedule 4 (cases where child support maintenance is not to be payable)—

(a) omit “and” at the end of sub-paragraph (b)( 42 ); and

(b) after sub-paragraph (c) insert—

“ and

(d) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. ” .

Amendment of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994

16. —(1) The Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994( 43 ) are amended as follows.

(2) In regulation 25 (person whose benefit is not to be reduced under section 30DD(1))( 44 ) at the end insert “or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

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

17. —(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996( 45 ) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Armed Forces and Reserve Forces Compensation Scheme”( 46 ) insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

(3) In regulation 51(3)(c) (remunerative work)( 47 )—

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”;

(b) in paragraph (ii) after “claimed” insert “armed forces independence payment,”; and

(c) after paragraph (iii) insert—

“ (iiia) a person who has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made, or ” .

(4) In regulation 140(1)(h) (meaning of “person in hardship”)( 48 )—

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”;

(b) in paragraph (ii) for “claimed either” substitute “claimed armed forces independence payment,”;

(c) omit “or” at the end of paragraph (ii); and

(d) after paragraph (ii) insert—

“ (iia) has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made, or ” .

(5) In regulation 146A(1)(e) (meaning of “couple in hardship”)( 49 )—

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”;

(b) in paragraph (ii) for “claimed either” substitute “claimed armed forces independence payment,”;

(c) omit “or” at the end of paragraph (ii); and

(d) after paragraph (ii) insert—

“ (iia) has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made, or ” .

(6) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order: member caring for another person)( 50 ) in paragraph 3(a)—

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”;

(b) after paragraph (ii) insert—

“ (iia) the person being cared for has claimed entitlement to armed forces independence payment and an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment; or ” ; and

(c) in paragraph (iv) after “entitlement to” insert “armed forces independence payment or”.

(7) In Schedule 1 (applicable amounts)—

(a) in paragraph 8(2) (premiums)( 51 ) after “remains in receipt of” insert “armed forces independence payment,”;

(b) after paragraph 14(1)(b) (additional conditions for higher pensioner and disability premium)( 52 ) insert—

“ (ba) the claimant or, as the case may be, the claimant’s partner, is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( 53 ) ; ” ;

(c) in paragraph 15 (severe disability premium)—

(i) in sub-paragraph (1)(a) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(a) after “in receipt of” insert “armed forces independence payment,”; and

(iii) in sub-paragraph (4)(a) after “in receipt of” insert “armed forces independence payment,”;

(d) in paragraph 15A (enhanced disability premium)( 54 ) for sub-paragraph (1) substitute—

“ 15A. —(1) Subject to sub-paragraph (2), the condition is that—

(a) the claimant; or

(b) the claimant’s partner (if any),

is a person who has not attained the qualifying age for state pension credit and is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a) armed forces independence payment is payable to that person; or

(b) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of the Benefits Act. ” ;

(e) in paragraph 16 (disabled child premium)( 55 )—

(i) before sub-paragraph (1)(a) insert—

“ (za) a young person who is in receipt of armed forces independence payment; ” ;

(ii) in sub-paragraph (2) for “sub-paragraph (1)(a)” substitute “sub-paragraph (1)(za), (a)”;

(f) in paragraph 20D(2) (premiums)( 56 ) after “remains in receipt of” insert “armed forces independence payment,”;

(g) in paragraph 20H(1) (additional conditions for higher pensioner and disability premium)( 57 ) after paragraph (b) insert—

“ (ba) is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” ;

(h) in paragraph 20I (severe disability premium)( 58 )—

(i) in sub-paragraph (1)(a) after “in receipt of” insert “armed forces independence payment,”; and

(ii) in sub-paragraph (3)(a) after “in receipt of” insert “armed forces independence payment,”; and

(i) in paragraph 20IA(1) (enhanced disability premium)( 59 ) after “Benefits Act” where it appears for the second time insert “or armed forces independence payment is payable”.

(8) In Schedule 2 (housing costs) in paragraph 17 (non-dependant deductions)—

(a) omit “either” in sub-paragraph (6)(b);

(b) before sub-paragraph (6)(b)(i) insert—

“ (zi) armed forces independence payment, ” ; and

(c) in sub-paragraph (8)(a) after “any” insert “armed forces independence payment,”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 68( 60 ) insert—

“ 68A. Armed forces independence payment. ” .

Amendment of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996

18. —(1) The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996( 61 ) are amended as follows.

(2) In Schedule 2 (child care charges to be deducted in the calculation of earnings) after paragraph 8(b)(vi) insert—

“ (vii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996

19. —(1) The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996( 62 ) are amended as follows.

(2) In regulation 15 (illness or disability)( 63 )—

(a) in paragraph (3)—

(i) in sub-paragraph (b) after “eligible for” insert “the payment or”; and

(ii) after “where applicable, the” insert “payment or”;

(b) in paragraph (4) after “entitled to” insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”;

(c) in paragraph (4)(a)—

(i) after “entitlement to” insert “that payment or”;

(ii) after “applied for” insert “that payment or”; and

(iii) for the words from “the Department” to the end substitute—

“ —

(i) the Secretary of State on the eligibility for that payment, or

(ii) the Department on the eligibility for that allowance,

of that applicant or that dependant; ” ;

(d) in paragraph (4)(b)—

(i) after “apply for” insert “that payment or”; and

(ii) after “in respect of that” insert “payment or”; and

(e) in paragraph (4A) after “eligible for” insert “the payment or”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

20. —(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999( 64 ) are amended as follows.

(2) In Schedule 2B (date on which change of circumstances takes effect where a claimant is entitled to state pension credit)( 65 ) in paragraph 2—

(a) in sub-paragraph (b) before paragraph (i) insert—

“ (zi) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” ; and

(b) in sub-paragraph (c) after “again receives” insert “that payment or”.

Amendment of the Child Support (Variations) Regulations (Northern Ireland) 2001

21. —(1) The Child Support (Variations) Regulations (Northern Ireland) 2001( 66 ) are amended as follows.

(2) In regulation 11 (special expenses – illness or disability of relevant other child)( 67 )—

(a) in paragraph (2)(a)(i) for “either” substitute “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,”;

(b) in paragraph (3)(b) at the beginning insert “armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or”; and

(c) in paragraph (3) after “amount of the” insert “payment or”.

Amendment of the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002

22. —(1) The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002( 68 ) are amended as follows.

(2) In regulation 1(2) (interpretation) after the definition of “the Jobseekers Order” insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

(3) In regulation 5(1)(h) (meaning of “person in hardship”)—

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”;

(b) in paragraph (ii) for “claimed either” substitute “claimed armed forces independence payment,”;

(c) omit “or” after paragraph (ii); and

(d) after paragraph (ii) insert—

“ (iia) has claimed armed forces independence payment and has an award for a period commencing after the date on which that claim was made, or ” .

(4) In regulation 11(2)(e) (application of Part and meaning of “couple in hardship”)—

(a) in paragraph (i) after “in receipt of” insert “armed forces independence payment,”;

(b) in paragraph (ii) for “claimed either” substitute “claimed armed forces independence payment,”;

(c) omit “or” after paragraph (ii); and

(d) after paragraph (ii) insert—

“ (iia) has claimed armed forces independence payment and has an award for a period commencing after the date on which that claim was made, or ” .

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

23. —(1) The State Pension Credit Regulations (Northern Ireland) 2003( 69 ) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the appointed day” insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

(3) In regulation 15(1) (income for the purposes of the Act) after sub-paragraph (a) insert—

“ (aa) armed forces independence payment; ” .

(4) In Schedule 1 (circumstances in which persons are treated as being or not being severely disabled)—

(a) in paragraph 1 (severe disablement)( 70 )—

(i) in sub-paragraph (1)(a)(i) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (1)(b)(i) after “in receipt of” insert “armed forces independence payment,”;

(iii) in sub-paragraph (1)(c)(i) after “in receipt of” insert “armed forces independence payment,”;

(iv) in sub-paragraph (2)(a) after “in receipt of” insert “armed forces independence payment,”; and

(v) in sub-paragraph (2)(a)(i) after “of which the” insert “payment or”; and

(b) in paragraph 2(2)(a) (persons residing with the claimant whose presence is ignored)( 71 ) after “in receipt of” insert “armed forces independence payment,”.

(5) In Schedule 2 (housing costs)—

(a) in paragraph 1(2) in paragraph (b) of the definition of “disabled person”( 72 ) after sub-paragraph (i) insert—

“ (ia) is a person in respect of whom armed forces independence payment is payable; or ” ;

(b) omit “either” in paragraph 14(6)(b);

(c) before paragraph 14(6)(b)(i) insert—

“ (zi) armed forces independence payment, ” ; and

(d) in paragraph 14(8)(a) after “any” insert “armed forces independence payment,”.

(6) In Schedule 3 (special groups: polygamous marriages) in paragraph 1(9) after “in receipt of” insert “armed forces independence payment,”.

(7) In Schedule 5 (income from capital) after paragraph 20(2)(b) insert—

“ (ba) armed forces independence payment; ” .

(8) In Schedule 6 (sums disregarded from claimant’s earnings) in paragraph 4(1)(a) after paragraph (iv) insert—

“ (iva) armed forces independence payment; ” .

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004

24. —(1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004( 73 ) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “application” insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

(3) In regulation 20 (treatment of child care charges)( 74 )—

(a) after paragraph (3)(d)(vi) insert—

“ (vii) armed forces independence payment; ” and

(b) after paragraph (8)(b)(iii) insert—

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

(4) In Schedule 1 (applicable amounts)—

(a) in paragraph 12(1)(a)(i) (additional condition for the higher pensioner and disability premiums) after “following benefits:” insert “armed forces independence payment,”;

(b) in paragraph 13 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i) after “in receipt of” insert “armed forces independence payment,”;

(iii) in sub-paragraph (2)(b)(ii)—

(aa) after “also in receipt of such” insert “payment or”; and

(bb) after “are in receipt of such” insert “a payment or”; and

(iv) in sub-paragraph (5) before paragraph (a) insert—

“ (za) a person receiving armed forces independence payment; ” ;

(c) in paragraph 14(1) (enhanced disability premium) after “the 1992 Act” where it appears for the second time insert “or armed forces independence payment is payable”;

(d) in paragraph 15(1) (disabled child premium) after sub-paragraph (a) insert—

“ (aa) is a young person who is in receipt of armed forces independence payment; or ” ; and

(e) in paragraph 16(2)(b) (carer premium) after “in receipt of” insert “armed forces independence payment,”.

(5) In Schedule 1A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit)( 75 )—

(a) in paragraph 7 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i) after “in receipt of” insert “armed forces independence payment,”;

(iii) in sub-paragraph (2)(b)(ii)—

(aa) after “also in receipt of such” insert “payment or”; and

(bb) after “are in receipt of such” insert “a payment or”; and

(iv) in sub-paragraph (5) before paragraph (a) insert—

“ (za) a person receiving armed forces independence payment; ” ;

(b) in paragraph 8 (enhanced disability premium) after “family” insert “or armed forces independence payment is payable in respect of a young person who is a member of the relevant person’s family”; and

(c) in paragraph 9 (disabled child premium) before sub-paragraph (a) insert—

“ (za) is a young person in receipt of armed forces independence payment; or ” .

(6) In Schedule 3 (sums to be disregarded in the determination of income other than earnings) in paragraph 5 after “any” insert “armed forces independence payment or”.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

25. —(1) The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005( 76 ) are amended as follows.

(2) In regulation 10(1A) (deductions from an award of a funeral payment)( 77 ) before sub-paragraph (a) insert—

“ (za) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

26. —(1) The Housing Benefit Regulations (Northern Ireland) 2006( 78 ) are amended as follows.

(2) In regulation 2(1) (interpretation)( 79 )—

(a) after the definition of “appropriate office” insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” ;

(b) in the definition of “the benefit Acts” for “and the Welfare Reform Act” substitute “, the Welfare Reform Act and the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”; and

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

(i) in paragraph (a) before sub-paragraph (i) insert—

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

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

(3) In regulation 25 (treatment of child care charges)—

(a) in paragraph (11)(d) after “following” insert “payments,”;

(b) after paragraph (11)(d)(i) insert—

“ (ia) armed forces independence payment; ” ; and

(c) in paragraph (13) before sub-paragraph (a) insert—

“ (za) in respect of whom armed forces independence payment is payable; ” .

(4) In regulation 72 (non-dependant deductions)—

(a) in paragraph (6)(b) before paragraph (i) insert—

“ (zi) armed forces independence payment, ” ; and

(b) in paragraph (9)(a) after “any” insert “armed forces independence payment,”.

(5) In regulation 77(8) (date on which change of circumstances is to take effect) after “the Act” insert “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

(6) In Schedule 4 (applicable amounts)—

(a) in paragraph 7(2) (premiums) after “remains in receipt of” insert “armed forces independence payment,”;

(b) in paragraph 13(1)(a)(i) (additional condition for the disability premium)( 80 ) after “following benefits:” insert “armed forces independence payment,”;

(c) in paragraph 14 (severe disability premium)( 81 )—

(i) in sub-paragraph (2)(a)(i) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i) after “in receipt of” insert “armed forces independence payment,”; and

(iii) in sub-paragraph (4)(a) after “receiving” insert “armed forces independence payment,”;

(d) in paragraph 15 (enhanced disability premium)( 82 )—

(i) omit “or” after sub-paragraph (1)(a); and

(ii) after sub-paragraph (1)(a) insert—

“ (aa) 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; or ” ; and

(e) in paragraph 16 (disabled child premium)( 83 ) before sub-paragraph (a) insert—

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

(7) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 7 after “any” insert “armed forces independence payment or”.

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

27. —(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006( 84 ) are amended as follows.

(2) In regulation 2(1) (interpretation)( 85 )—

(a) after the definition of “appropriate office” insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” ;

(b) in the definition of “the benefit Acts” for “and the Welfare Reform Act” substitute “, the Welfare Reform Act and the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”; and

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

(i) in paragraph (a) before sub-paragraph (i) insert—

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

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

(3) In regulation 27(1)(h) (meaning of “income”) after paragraph (i) insert—

“ (ia) armed forces independence payment; ” .

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

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

“ (ia) armed forces independence payment; ” ; and

(b) in paragraph (13) before sub-paragraph (a) insert—

“ (za) in respect of whom armed forces independence payment is payable; ” .

(5) In regulation 53 (non-dependant deductions)—

(a) in paragraph (6)(b) before paragraph (i) insert—

“ (zi) armed forces independence payment, ” ; and

(b) in paragraph (10)(a) after “any” insert “armed forces independence payment,”.

(6) In regulation 57(8) (date on which change of circumstances is to take effect) after “the Act” insert “or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

(7) In Schedule 4 (applicable amounts)—

(a) in sub-paragraph 5(2) (premiums) after “remains in receipt of” insert “armed forces independence payment,”;

(b) in paragraph 6 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i) after “in receipt of” insert “armed forces independence payment,”; and

(iii) in sub-paragraph (6)(a) after “receiving” insert “armed forces independence payment,”;

(c) in paragraph 7(1) (enhanced disability premium)( 86 ) after “the Act” where it appears for the second time insert “or armed forces independence payment is payable”; and

(d) in paragraph 8 (disabled child premium)( 87 ) before sub-paragraph (a) insert—

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

(8) In Schedule 5 (sums disregarded from claimant’s earnings)( 88 ) in paragraph 5(1)(a) after sub-paragraph (iv) insert—

“ (iva) armed forces independence payment; ” .

(9) In Schedule 7 (capital to be disregarded) in paragraph 21(2) before paragraph (a) insert—

“ (za) armed forces independence payment; ” .

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

28. —(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008( 89 ) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “the Armed Forces and Reserve Forces Compensation Scheme” insert—

“ “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

(3) In regulation 18 (circumstances in which the condition that the claimant is not receiving education does not apply) after “entitled to” insert “armed forces independence payment or”.

(4) In regulation 158(3) (meaning of “person in hardship”)—

(a) in sub-paragraph (b) after “awarded” insert “armed forces independence payment,”;

(b) in sub-paragraph (c) for “claimed either” substitute “claimed armed forces independence payment,”;

(c) in sub-paragraph (d)(i) after “awarded” insert “armed forces independence payment,”; and

(d) in sub-paragraph (d)(ii) for “claimed either” substitute “claimed armed forces independence payment,”.

(5) In Schedule 4 (amounts)—

(a) in paragraph 4(2) (premiums) after “remains in receipt of” insert “armed forces independence payment,”;

(b) in paragraph 6 (severe disability premium)—

(i) in sub-paragraph (2)(a)(i)( 90 ) after “in receipt of” insert “armed forces independence payment,”;

(ii) in sub-paragraph (2)(b)(i)( 91 ) after “in receipt of” insert “armed forces independence payment,”;

(iii) in sub-paragraph (2)(b)(ii) after “in receipt of” each place it appears insert “armed forces independence payment,”; and

(iv) in sub-paragraph (4)(a) after “receiving” insert “armed forces independence payment,”;

(c) in paragraph 7(1) (enhanced disability premium)—

(i) omit “or” after paragraph (a); and

(ii) after paragraph (a) insert—

“ (aa) armed forces independence payment in respect of—

(i) the claimant, or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit; or ” .

(6) In Schedule 6 (housing costs)—

(a) in paragraph 15(11)(b) (linking rules)( 92 ) after “in receipt of” insert “armed forces independence payment or”; and

(b) in paragraph 19 (non-dependant deductions)—

(i) in sub-paragraph (6)(b) before sub-paragraph (i) insert—

“ (zi) armed forces independence payment, ” ; and

(ii) in sub-paragraph (8)(a) after “any” insert “armed forces independence payment,”.

(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 61 insert—

“ 62. Any armed forces independence payment. ” .

Amendment of the Domestic Energy Efficiency Grants Regulations (Northern Ireland) 2009

29. —(1) The Domestic Energy Efficiency Grants Regulations (Northern Ireland) 2009( 93 ) are amended as follows.

(2) In regulation 5 (persons to whom a grant may be made)—

(a) in paragraph (1) after “benefit” insert “, payment”; and

(b) in paragraph (4) after sub-paragraph (c) insert—

“ (d) armed forces independence payment under article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. ” .

Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010

30. —(1) The Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010( 94 ) are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “relevant benefit” before paragraph (a) insert—

“ (za) armed forces independence payment in accordance with the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” .

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

31. —(1) The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012( 95 ) are amended as follows.

(2) In regulation 63 (illness or disability of relevant other child)—

(a) in paragraph (2)(a)(i) at the beginning insert “armed forces independence payment or”;

(b) after paragraph (2)(a) insert—

“ (aa) “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ” ; and

(c) in paragraph (3)—

(i) in sub-paragraph (b) at the beginning insert “armed forces independence payment or”; and

(ii) after “the amount of the” insert “payment or”.

Amendment of the Representation of the People (Northern Ireland) Regulations 2008

32. In regulation 57 of the Representation of the People (Northern Ireland) Regulations 2008( 96 ) (additional requirements for applications on grounds of blindness or other disability), in paragraph (4)(b), after paragraph (ii) insert—

“ ; or

(iii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( 97 ) , ” .

Amendment of the Local Elections (Northern Ireland) Order 1985

33. In paragraph 6 of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985( 98 ) (additional requirements for applications on grounds of blindness or other disability), in sub-paragraph (4)(b), after sub-paragraph (ii) insert—

“ ; or

(iii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, ” .

Amendment of the European Parliamentary Elections (Northern Ireland) Regulations 2004

34. In paragraph 4 of Schedule 2 to the European Parliamentary Elections (Northern Ireland) Regulations 2004( 99 )(additional requirements for applications on grounds of blindness or other disability), in sub-paragraph (4), after paragraph (a) insert—

“ (aa) the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application; or ” .