Paragraph 7 I1

England, Wales and Scotland

F1(1)

Subject to sub-para-graph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for–

(a)

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979^f1 applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)

any period spent by a person in undertaking a course of training or instruction provided or approved under section 2 of the Employment and Training Act 1973^f2 F2or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F3or for any period during which he is in receipt of a training allowance.

F4(2)

For the purposes of the carer premium under paragraph 15A, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowanceF5, 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.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 7 inserted (1.10.1990) by The Community Charge Benefits (General) Amendment (No. 3) Regulations 1990 (S.I. 1990/1773), regs. 1(1), 11(c)
F2: Words in Sch. 1 para. 7(b) inserted (S.) (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F3: Words in Sch. 1 para. 7(b) added (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 28(b)
F4: Sch. 1 para. 7(2) added (1.10.1990) by The Community Charge Benefits (General) Amendment (No. 3) Regulations 1990 (S.I. 1990/1773), regs. 1(1), 11(c)
F5: Words in Sch. 1 para. 7(2) added (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)(a)

Commencement

I1: Sch. 1 Pt. III para. 7 in force at 1.4.1990, see reg. 1

Footnotes

f1: S.I. 1979/597.
f2: 1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19).