OpenLegislation

Paragraph 6 Severe disability premiumI1

Northern Ireland

(1)

The condition in respect of a severe disability premium is that the claimant is a severely disabled person.

(2)

For the purposes of sub-paragraph (1), a claimant is to be treated as being a severely disabled person if, and only if—

(a)

in the case of a single claimant, a lone parent F1, a person who has no partner and who is responsible for and a member of the same household as a young person, or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

(i)

the claimant is in receipt of F2armed forces independence payment, the care component F3F4, the daily living component F5, the daily living component of adult disability payment F6, 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 or attendance allowance F7, attendance allowance or pension age disability payment ,

(ii)

subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing, and

(iii)

no person is entitled to, and in receipt of, F8a carer’s allowance F9or carer support payment or has an award of universal credit which includes the carer element in respect of caring for the claimant;

(b)

in the case of a claimant who has a partner—

(i)

the claimant is in receipt of the care component F10, the daily living component F11, the daily living component of adult disability payment, 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 F12or attendance allowance F13, attendance allowance or pension age disability payment ,

(ii)

the claimant’s partner is also in receipt of F14armed forces independence payment, armed forces independence payment, the care component F15, the daily living component F16, the daily living component of adult disability payment F17, 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 F18, attendance allowance or pension age disability payment or, if the claimant is a member of a polygamous marriage, all the partners of that marriage are in receipt ofarmed forces independence payment, the care component, the daily living component F19, the daily living component of adult disability payment , attendance allowance or pension age disability payment, and

(iii)

subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing,

and, either a person is entitled to, and in receipt of, a carer’s allowance F20or carer support payment F21or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance F22or payment F23or has such an award of universal credit in respect of caring for either member of the couple or any partner of the polygamous marriage.

(3)

Where a claimant 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 blind or severely sight impaired that partner is to be treated for the purposes of sub-paragraph (2) as if the partner were not a partner of the claimant.

(4)

For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account is to be taken of—

(a)

a person receiving F24armed forces independence payment, attendance allowance F25F26, pension age disability payment , the daily living component F27, the daily living component of adult disability payment F28, 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 or the care component;

(b)

subject to sub-paragraph (7), a person who joins the claimant’s household for the first time in order to care for the claimant or the claimant’s partner and, immediately before so joining, the claimant or the claimant’s partner was treated as a severely disabled person; or

(c)

a person who is blind or severely sight impaired or is treated as blind or severely sight impaired.

(5)

For the purposes of sub-paragraph (2)(b) a person is to be treated—

(a)

as being in receipt of attendance allowance or the care component if the person would, but for the person being a patient for a period exceeding 28 days, be so in receipt;

(b)

as being entitled to, and in receipt of, a carer’s allowance F29or carer support payment F30or having an award of universal credit which includes the carer element if the person would, but for the person for whom the person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt F31of carer’s allowance or carer support payment or have such an award of universal credit .

F32(c)

as being entitled to, and in receipt of, the daily living component if the person would, but for regulations under Article 91(1) of the 2015 Order (hospital in-patients), be so entitled and in receipt.

F33(d)

F34as being entitled to, and in receipt of, the daily living component of adult disability payment if the person 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 so in receipt

F35(e)

as being in receipt of pension age disability payment if the person would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so in receipt.

F36(f)

as being in receipt of Scottish adult disability living allowance if the person 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 so in receipt.

(6)

For the purposes of sub-paragraph (2)(a)(iii) and (b), no account is to be taken of an award of carer’s allowance F37, carer support payment F38or universal credit which includes the carer element to the extent that payment of such an award is backdated for a period before the date on which the award is first paid.

(7)

Sub-paragraph (4)(b) is to apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant’s household.

(8)

In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance F39or as 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 F40or had such an award but for the application of a restriction under section F415B or 6 of the Social Security Fraud Act (Northern Ireland) 2001f1 (loss of benefit for commission of benefit offences).

(9)

In this paragraph—

  • F42“blind or severely sight impaired” means certified as blind or severely sight impaired by a consultant ophthalmologist and a person who has ceased to be certified as blind or severely sight impaired where that person’s eyesight has been regained is, nevertheless, to be treated as blind or severely sight impaired for a period of 28 weeks following the date on which the person ceased to be so certified;

  • “the care component” means 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.

F43(10)

For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 6(2)(a) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/368), regs. 1(1), 5(5)(b)

F2

Words in Sch. 4 para. 6(2)(a)(i) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(5)(b)(i)

F3

Words in Sch. 4 para. 6(2)(a)(i) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 21(14)(a)

F4

Words in Sch. 4 para. 6(2)(a)(i) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(5)(b)(i)

F5

Words in Sch. 4 para. 6(2)(a)(i) 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), 26(5)(c)(i)

F6

Words in Sch. 4 para. 6(2)(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 29(5)(b)

F7

Words in Sch. 4 para. 6(2)(a)(i) substituted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 29(4)(b)(i)

F8

Words in Sch. 4 para. 6(2)(a)(iii) substituted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(a)

F9

Words in Sch. 4 para. 6(2)(a)(iii) 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), 44(7)(b)(i)

F10

Words in Sch. 4 para. 6(2)(b)(i) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(5)(b)(ii)

F11

Words in Sch. 4 para. 6(2)(b)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 29(5)(c)

F12

Words in Sch. 4 para. 6(2)(b)(i) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 21(14)(b)

F13

Words in Sch. 4 para. 6(2)(b)(i) substituted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 29(4)(b)(i)

F14

Words in Sch. 4 para. 6(2)(b)(ii) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(5)(b)(iii)

F15

Words in Sch. 4 para. 6(2)(b)(ii) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(5)(b)(iii)

F16

Words in Sch. 4 para. 6(2)(b)(ii) 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), 26(5)(c)(ii)(aa)

F17

Words in Sch. 4 para. 6(2)(b)(ii) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 29(5)(b)

F18

Words in Sch. 4 para. 6(2)(b)(ii) substituted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 29(4)(b)(ii)

F19

Words in Sch. 4 para. 6(2)(b)(ii) 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), 26(5)(c)(ii)(bb)

F20

Words in Sch. 4 para. 6(2)(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), 44(7)(b)(ii)(aa)

F21

Words in Sch. 4 para. 6(2)(b) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(b)(i)

F22

Words in Sch. 4 para. 6(2)(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), 44(7)(b)(ii)(bb)

F23

Words in Sch. 4 para. 6(2)(b) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(b)(ii)

F24

Words in Sch. 4 para. 6(4)(a) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(5)(b)(iv)

F25

Words in Sch. 4 para. 6(4)(a) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(5)(b)(iv)

F26

Words in Sch. 4 para. 6(4)(a) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 29(4)(b)(iii)

F27

Words in Sch. 4 para. 6(4)(a) 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), 26(5)(d)

F28

Words in Sch. 4 para. 6(4)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 29(5)(b)

F29

Words in Sch. 4 para. 6(5)(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), 44(7)(b)(iii)

F30

Words in Sch. 4 para. 6(5)(b) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(c)(i)

F31

Words in Sch. 4 para. 6(5)(b) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(c)(ii)

F32

Sch. 4 para. 6(5)(c) added (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(5)(b)(v)

F33

Sch. 4 para. 6(5)(d) 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), 26(5)(e)

F34

Words in Sch. 4 para. 6(5)(d) substituted (6.6.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022 (S.I. 2022/530), arts. 1(2), 11(2)

F35

Sch. 4 para. 6(5)(e) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 29(4)(b)(iv)

F36

Sch. 4 para. 6(5)(f) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 29(5)(d)

F37

Words in Sch. 4 para. 6(6) 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), 44(7)(b)(iv)

F38

Words in Sch. 4 para. 6(6) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(d)

F39

Words in Sch. 4 para. 6(8) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(e)(i)

F40

Words in Sch. 4 para. 6(8) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(e)(ii)

F41

Words in Sch. 4 para. 6(8) inserted (1.9.2011) by The Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/291), regs. 1, 11(3)

F42

Words in Sch. 4 para. 6(9) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 7(2)

F43

Sch. 4 para. 6(10) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(7)(f)

Commencement

I1

Sch. 4 para. 6 in operation at 27.10.2008, see reg. 1(1)

Footnotes

f1

2001 c. 17 (N.I.); section 6 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 45(1) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))