OpenLegislation

Paragraph 7 I1

England, Wales and Scotland

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

(1)

Subject to sub-paragraph (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 1979f1 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 1973f2 or section 2 of the Enterprise and New Town (Scotland) Act 1990f3 for any period during which he is in receipt of a training allowance.

(2)

For the purposes of the carer premium under paragraph 16, 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 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.

Annotations

Commencement

I1

Sch. 1 Pt. III para. 7 in force at 1.4.1993, see reg. 1(b)

Footnotes

f1

S.I. 1979/597.

f2

1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19).

f3

1990 c. 35.

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