Paragraph 15 Enhanced disability premium
Subject to sub-paragraph (2), the condition is that—
the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of—
the claimant; or
a member of the claimant's family,
who F2has not attained the qualifying age for state pension credit.
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant F4or partner is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).
F5An enhanced disability premium shall not be applicable in respect of The condition is not satisfied if the person to whom sub-paragraph (1) refers is —
a claimant who—
is not a member of a couple or a polygamous marriage; and
is a patient within the meaning of F6regulation 18(11)(e) (patients) and has been for a period of more than 52 weeks; or
a member of a couple or a polygamous marriage where each member is a patient within the meaning of F7regulation 18(11)(e) and has been for a period of more than 52 weeks.
Annotations
Textual amendments
- F1
Sch. 1 para. 15(1) substituted by S.I. 2008/1082, reg. 59(c) (27.10.2008) (as amended) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), reg. 39(b),
- F2
Words in Sch. 1 para. 15(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 34(3)
- F3
Sch. 1 para. 15(1A) inserted (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(2), 14(2)(a)
- F4
Words in Sch. 1 para. 15(1A) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 21(7)(b)
- F5
Words in Sch. 1 para. 15(2) substituted (E.W.S.) (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(2), 14(2)(b)
- F6
Words in Sch. 1 para. 15(2)(a)(ii) substituted by SI 2005/2502 reg. 3(11)(b)(i) (as substituted) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(27) (with regs. 2, 3, Sch. 3, Sch. 4)
- F7
Words in Sch. 1 para. 15(2)(b) substituted by SI 2005/2502 reg. 3(11)(b)(ii) (as substituted) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(27) (with regs. 2, 3, Sch. 3, Sch. 4)