Regulation 17 Amounts additional to the standard minimum guarantee: severe disability

(1)

For the purposes of regulation 16(1), the beneficiary is to be treated as being severely disabled if—

(a)

where a beneficiary does not have a partner—

(i)

the beneficiary 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 1992 Act; and

(ii)

no person is entitled to and in receipt of an allowance under section 70 (carer’s allowance) of the 1992 Act in respect of caring for the beneficiary;

(b)

where a beneficiary has a partner—

(i)

both partners are 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 1992 Act; and

(ii)

either a person is entitled to and in receipt of an allowance under section 70 of the 1992 Act in respect of caring for one only of the partners or no person is entitled to and in receipt of such an allowance in respect of caring for either partner.

(2)

In this regulation, “attendance allowance” means an attendance allowance under section 64 (entitlement to attendance allowance) of the 1992 Act.