{
  "url": "https://openlegislation.uk/council-tax-reduction-schemes-default-scheme-wales-regulations-2013/schedule-2/paragraph-6",
  "json_url": "https://openlegislation.uk/council-tax-reduction-schemes-default-scheme-wales-regulations-2013/schedule-2/paragraph-6.json",
  "legislation": "wsi/2013/3035",
  "legislation_title": "The Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/council-tax-reduction-schemes-default-scheme-wales-regulations-2013",
  "path": "schedule/2/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Severe disability premium",
  "text": "(1) The condition is that the applicant is a severely disabled person.\n(2) For the purposes of sub-paragraph (1), an applicant is to be treated as being a severely disabled person if, and only if—\n(a) in the case of a single applicant, a lone parent or an applicant who is treated as having no partner in consequence of sub-paragraph (3)—\n(i) the applicant is 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 SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or AFIP; and\n(ii) subject to sub-paragraph (6), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant is normally residing; and\n(iii) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the SSCBA or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013 in respect of caring for the applicant;\n(b) in the case of an applicant who has a partner—\n(i) the applicant is 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 SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or AFIP;\n(ii) the applicant’s partner is also in receipt of such an allowance or, if the applicant is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance; and\n(iii) subject to sub-paragraph (6), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant is normally residing,\nand either a person is entitled to and in receipt of a carer’s allowance or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, if the applicant is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance or has such an award of universal credit in respect of caring for either member of a couple or any of the members of the marriage.\n(3) Where an applicant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or severely sight-impaired or is treated as such within the meaning of sub-paragraph (4), that partner is to be treated for the purposes of sub-paragraph (2) as if that partner were not a partner of the applicant.\n(4) For the purposes of sub-paragraph (3), a person is blind or severely sight-impaired if that person—\n(a) is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services);\n(b) is registered as severely sight-impaired in a register established and maintained by a local authority under section 18(1) of the Social Services and Well-being (Wales) Act 2014;\n(c) is registered as severely sight-impaired in a register established and maintained by a local authority under section 77(1) of the Care Act 2014; or\n(d) in Scotland, has been certified as blind and in consequence is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.\n(5) For the purposes of sub-paragraph (4), a person who has ceased to be registered as blind or severely sight-impaired on regaining that person’s eyesight is nevertheless to be treated as blind or severely sight-impaired and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which that person ceased to be so registered.\n(6) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account is to be taken of—\n(a) a person receiving 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 SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or AFIP; or\n(b) a person who is blind or severely sight-impaired or is treated as such within the meaning of sub-paragraphs (4) and (5).\n(7) For the purposes of sub-paragraph (2)(b) a person is to be treated—\n(a) as being 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 SSCBA, if that person would, but for that person’s being a patient for a period exceeding 28 days, be so in receipt;\n(b) as being in receipt of the daily living component of personal independence payment paid at the rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012 if that person would, but for that person’s being a patient for a period exceeding 28 days, be so in receipt, notwithstanding section 86 of that Act and regulations made thereunder;\n(c) as being in receipt of AFIP if the person would be so in receipt but for a suspension of payment in accordance with any terms of the armed and reserve forces compensation scheme which allow for suspension because a person is undergoing medical treatment in a hospital or similar institution;\n(d) as being entitled to and in receipt of a carer’s allowance or having an award of universal credit which includes the carer element if that person would, but for the person for whom that person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt or have such an award of universal credit.\n(8) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b)—\n(a) no account is to be taken of an award of carer’s allowance or an award of universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid; and\n(b) references to a person being in receipt of a carer’s allowance or having an award of universal credit which includes the carer element are to include references to a person who would have been in receipt of that allowance or had such an award of universal credit but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(2)(a)(iii) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(2)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(ii)(aa)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(2)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(ii)(bb)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(3) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 25(b)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. Scheme Sch. 2 para. 6(4) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 25(b)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(5) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 25(b)(iii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(6)(b) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 25(b)(iv)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(7)(d) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(iii)(aa)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(7)(d) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(iii)(bb)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(8)(a) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(iv)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(8)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(v)(aa)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in Sch. Scheme Sch. 2 para. 6(8)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 17(b)(v)(bb)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2001 c.11."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2013/3035/schedule/2/paragraph/6",
    "retrieved_at": "2026-10-28T23:40:35.344164+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}