Paragraph 14 Severe Disability PremiumI1

England, Wales and Scotland

(1)

The condition is that the claimant is a severely disabled person.

(2)

For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if–

(a)

in the case of a single claimant or lone parent–

(i)

he is in receipt of attendance allowance F1, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act, and

(ii)

subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

(iii)

F2... an invalid care allowance under section 37 of the Social Security Act ^f1 F3 is not in payment to anyone in respect of caring for him;

(b)

in the case of a claimant who has a partner–

(i)

the claimant is in receipt of attendance allowance F4, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act, and

(ii)

his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance, and

(iii)

subject to sub-paragraph (3), the claimant has no non-dependants aged 18 or over residing with him,

and either F5an invalid care allowance is in payment to someone in respect of caring for only one of a couple or, in the case of a polygamous marriage for one or more but not all the partners of the marriage, or else such an allowance is not in payment to anyone in respect of caring for either member of a couple or any partner of a polygamous marriage.

(3)

For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of either–

(a)

a person receiving attendance allowance F6, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act; or

(b)

a boarder.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 14(2)(a)(i) inserted (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)(e)
F2: Words in Sch. 1 para. 14(2)(a)(iii) omitted (1.4.1990) by virtue of The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 28(e)(i)
F3: Words in Sch. 1 para. 14(2)(a)(iii) inserted (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 28(e)(i)
F4: Words in Sch. 1 para. 14(2)(b)(i) inserted (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)(e)
F5: Words in Sch. 1 para. 14(2)(b) substituted (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 28(e)(ii)
F6: Words in Sch. 1 para. 14(3)(a) inserted (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)(e)

Commencement

I1: Sch. 1 para. 14 in force at 1.4.1990, see reg. 1

Footnotes

f1: Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2) and the Social Security Act 1986 (c. 50) sections 37 and 86 and Schedule 11.