Paragraph 4

England, Wales and Scotland

(1)

For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person is to be treated as being in receipt of any benefit—

(a)

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F1 applies, for any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; F2...

(b)

for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973F3, or by F4Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 F5, or for any period during which the person is in receipt of a training allowance F6and

F7(c)

in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the person would be in receipt of that benefit.

F8(2)

For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) F9or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance F10or payment has been claimed remains in receipt of—

(a)

attendance allowance;

(F11aa)

pension age disability payment;

(b)

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; F12...

(F13ba)

the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

(c)

the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF14; F15...

F16(ca)

the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or

(d)

armed forces independence payment.

Annotations

Textual amendments

F1: S.I. 1979/597.
F2: Word in Sch. 4 para. 4(1)(a) omitted (19.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 19(7)(a)(i)
F3: 1973 c. 50, as amended by sections 9 and 11 of, and Schedule 2, Part II paragraph 9 and Schedule 3 to, the Employment and Training Act 1981 (c. 57).
F4: Words in Sch. 4 para. 4(1)(b) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 10(2)(b)
F5: 1990 c.35.
F6: Word in Sch. 4 para. 4(1)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 19(7)(a)(ii)
F7: Sch. 4 para. 4(1)(c) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 19(7)(a)(iii)
F8: Sch. 4 para. 4(2) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(a)
F9: Words in Sch. 4 para. 4(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 19(7)(a)(iv)(aa)
F10: Words in Sch. 4 para. 4(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 19(7)(a)(iv)(bb)
F11: Sch. 4 para. 4(2)(aa) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 13(4)(a)
F12: Word in Sch. 4 para. 4(2) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 37(5)(a)(i)
F13: Sch. 4 para. 4(2)(ba) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 13(5)(a)
F14: Sch. 4 para. 4(2)(d) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 37(5)(a)(ii)
F15: Word in Sch. 4 para. 4(2)(c) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(5)(a)
F16: Sch. 4 para. 4(2)(ca) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(5)(b)

Notes on the whole SI

Textual amendments

F1: Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
F2: Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
F3: Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
F4: Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
F5: 2007 c. 5.
F6: 1992 c. 5.
F7: 1998 c. 14.