OpenLegislation

Paragraph 7 Enhanced disability premium

England, Wales and Scotland

(1)

Subject to sub-paragraph (2), the condition is that—

(a)

the claimant's applicable amount includes the support component; F1...

(b)

the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or, but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of that Act in respect of—

(i)

the claimant; or

(ii)

the claimant's partner (if any) who is aged less than the qualifying age for state pension creditF2; F3...

F4(ba)

the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable at the highest rate in accordance with regulation 6(4) of those Regulations in respect of—

(i)

the claimant; or

(ii)

the claimant's partner (if any) who is aged less than the qualifying age for state pension credit;

(c)

the daily living component is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate under section 78(2) of that Act in respect of—

(i)

the claimant; or

(ii)

the claimant’s partner (if any) who is aged less then the qualifying age for state pension creditF5; F6...

F7(ca)

the daily living component of adult disability payment is, or would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be payable at the enhanced rate under section 78(2) of those Regulations in respect of—

(i)

the claimant; or

(ii)

the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit; or

(d)

armed forces independence payment is payable in respect of—

(i)

the claimant; or

(ii)

the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit.

(2)

An enhanced disability premium is not applicable in respect of—

(a)

a claimant who—

(i)

is not a member of a couple or a polygamous marriage; and

(ii)

is a patient within the meaning of regulation 69(2) and has been for a period of more than 52 weeks; or

(b)

a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 69(2) and has been for a period of more than 52 weeks.

Annotations

Textual amendments

F1

Word in Sch. 4 para. 7(1)(a) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(c)(i)

F2

Sch. 4 para. 7(1)(c) and word inserted (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)(c)(ii)

F3

Word in Sch. 4 para. 7(1)(b) 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)(c)(i)

F4

Sch. 4 para. 7(1)(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)(c)

F5

Sch. 4 para. 7(1)(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)(c)(ii)

F6

Word in Sch. 4 para. 7(1)(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)(f)

F7

Sch. 4 para. 7(1)(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)(g)

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.