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Paragraph 16 Carer 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 or his partner is, or both of them are, in receipt of invalid care allowance under section 70 of the Contributions and Benefits Act 1992.

(2)

If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where—

(a)

the claim for that allowance was made on or after the 1st October 1990, and

(b)

the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992,

he or his partner, or both of them, as the case may be, shall be treated for the purposes of subparagraph (1) as being in receipt of invalid care allowance.

(3)

Where a carer premium is awarded but the person in respect of whom it is awarded either ceases to be in receipt of invalid care allowance or ceases to be treated as being in receipt of invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of 8 weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.

(4)

Where a person who has been receiving, or who has been treated as receiving invalid care allowance, ceases to be in receipt of, or treated as being in receipt of that allowance and makes a claim for council tax benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of 8 weeks from the date the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.

Annotations

Commencement

I1

Sch. 1 Pt. III para. 16 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