OpenLegislation

Paragraph 14 Severe Disability PremiumI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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 F1, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A) —

(i)

he is in receipt of attendance allowance, or the care component of disability living allowance by at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992, and

(ii)

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

(iii)

an invalid care allowance under section 70 of the Contributions and Benefits Act 1992 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, or disability living allowance by virtue of entitlement to the care component at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992, 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 an 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.

F2(2A)

Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2)(b)(ii) as if he were not a partner of the claimant.

(3)

For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of F3...—

(a)

a person receiving attendance allowance, or disability living allowance by virtue of entitlement to the care component at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992, or

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(c)

a person who is blind or is treated as blind within the meaning of paragraph 13(1)(a)(v) and (2).

Annotations

Textual amendments

F1

Words in Sch. 1 para. 14(2)(a) substituted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 5(3)(a)

F2

Sch. 1 para. 14(2A) inserted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 5(3)(b)

F3

Word in Sch. 1 para. 14(3) omitted (25.5.1993) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 5(3)(c)

F4

Sch. 1 para. 14(3)(b) omitted (4.10.1993) by virtue of The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/2118), regs. 1(1), 25(2)

F5

Sch. 1 para. 14(3)(c) and word added (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 5(3)(c)

Commencement

I1

Sch. 1 Pt. III para. 14 in force at 1.4.1993, see reg. 1(b)

Notes on Schedule 1

Textual amendments

F1

Sch. 1 Pt. I substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(5), Sch. 11