Paragraph 13 Additional Condition for the Higher Pensioner and Disability PremiumsI1

England, Wales and Scotland

(1)

Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 11 and 12 is that either–

(a)

the claimant or, as the case may be, his partner–

(i)

is in receipt of one or more of the following benefits: attendance allowance, F1disability living allowance, disability working allowance, mobility supplement, an invalidity pension under section 15 of the Social Security Act^f1 or severe disablement allowance under section 36 of that Act^f2 but, in the case of invalidity pension or severe disablement allowance, only where it is paid in respect of him, or

F2(ii)

was in receipt of invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased on account of the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to community charge benefit and, if the invalidity pension was payable to his partner, the partner is still a member of the family, or

(iii)

except where paragraph (1)(a), (b), (c)(ii) or (d)(ii) of regulation 9 (patients) applies, was in receipt of attendance allowance F3or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 82(6)(b) of the Social Security Act 1975, or

(iv)

is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977^f3 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978^f4 (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or under that section 46, or

(v)

is blind and in consequence registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948^f5 (welfare services) or has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a regional or islands council; or

F4(b)

the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (b) or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;

(2)

For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3)

For the purposes of sub-paragraph (1)(b), once the higher pensioner premium or the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4)

For the purposes of sub-paragraph (1)(a)(ii) and (iii), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the additional condition specified in those provisions, if he then ceases, for a period of 8 weeks or less, to be entitled to community charge benefit, he shall on again becoming so entitled to community charge benefit, immediately thereafter be treated as satisfying the additional condition in sub-paragraph (1)(a)(ii) and (iii).

(5)

For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973^f6 F5or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F6or for any period during which he is in receipt of a training allowance.

F7(6)

For the purposes of sub-paragraph (1)(b), the circumstances of a claimant fall within this sub-paragraph if

(a)

he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined he is not incapable of work, or

(b)

he is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982;

(7)

For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 F8or section 2 of the Enterprise and New Towns (Scotland) Act 1990.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 13(1)(a)(i) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 16(4)(b)
F2: Sch. 1 para. 13(1)(a)(ii) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 16(4)(c)
F3: Words in Sch. 1 para. 13(1)(a)(iii) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 16(4)(d)
F4: Sch. 1 para. 13(1)(b) substituted (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 28(d)(i)
F5: Words in Sch. 1 para. 13(5) inserted (S.) (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F6: Words in Sch. 1 para. 13(5) added (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 28(b)
F7: Sch. 1 para. 13(6)(7) added (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 28(d)(ii)
F8: Words in Sch. 1 para. 13(7) inserted (S.) (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

Commencement

I1: Sch. 1 para. 13 in force at 1.4.1990, see reg. 1

Footnotes

f1: Section 15 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4 paragraph 40, the Social Security Act 1979 (c. 18) Schedule 1, paragraph 1 and Schedule 3 paragraph 7 and the Social Security and Housing Benefits Act 1982 (c. 24) Schedule 4, Part I, paragraph 10 and the Social Security Act 1986 (c. 50) section 86 and Schedule 10, Part V, paragraph 83.
f2: Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53) Schedule 4, paragraph 3 and amended by the Social Security Act 1989 (c. 24) Schedule 8 paragraph 6 and Schedule 9.
f3: 1977 c. 49; section 5(2) was amended and subsection (2A) added by the Public Health Laboratory Services Act 1979 (c. 23) section 1, and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).
f4: 1978 c. 29.
f5: 1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30) section 1(2); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6 and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part 1.
f6: 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25.