Paragraph 14 Severe Disability Premium
England, Wales and Scotland
The condition is that the claimant is a severely disabled person.
For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—
in the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—
he is in receipt of attendance allowance, F1the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F2, 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 F3, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations F4, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F5, 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 F6, a pension age disability payment in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024 F7or armed forces independence payment; and
subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and
in the case of a claimant who has a partner—
the claimant is in receipt of attendance allowance F10, pension age disability payment, F11the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F12, 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 F13, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations F14, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF15, 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 F16or armed forces independence payment; and
his partner is also in receipt of such an allowance F17or payment or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance or payment; and
subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,
and either a person is F18entitled to and in receipt of a carer's allowance F19or carer support payment or has an award of universal credit which includes the carer element in respect of caring for only one of a 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 F20or payment F21or has such an award of universal credit in respect of caring for either member of a couple or any partner of a polygamous marriage.
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is F22severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—
a person receiving attendance allowance F23, pension age disability payment, F24the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F25, 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 F26, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations F27, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F28, 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 F29or armed forces independence payment; or
a person who is F30severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2).
For the purposes of sub-paragraph (2)(b) a person shall be treated—
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 Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
as being entitled to and in receipt of a carer's allowance F31or carer support payment F32or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled F33or have such an award of universal credit and in receipt.
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act, if he would, but for F35payment ceasing by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.
as being in receipt of 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, if he would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receiptF37;
as being in receipt of pension age disability payment if that 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.F38;
as being in receipt of 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, if that person would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of carer's allowance F39, carer support payment F40or universal credit which includes the carer element to the extent that payment of such an award is backdated for a period before F41the date on which the award is first paid.
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance F42or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance F43or had such an award of universal credit but for the application of a restriction under section F446B or 7 of the Social Security Fraud Act 2001 M1 (loss of benefit provisions).
Annotations
Textual amendments
- F1
Words in Sch. 3 para. 14(2)(a)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 36(6)(c)(i)
- F2
Words in Sch. 3 para. 14(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), 11(6)(c)(i)
- F3
Words in Sch. 3 para. 14(2)(a)(i) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 5 para. 6(4)(a)(i)
- F4
Sch. 3 para. 14(2)(a)(i): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 9(7)(d)(i)
- F5
Words in Sch. 3 para. 14(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), 9(7)(d)(ii)
- F6
Words in Sch. 3 para. 14(2)(a)(i) inserted (16.7.2026) by The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 (S.I. 2026/679), arts. 1(1), 6(3)
- F7
Words in Sch. 3 para. 14(2)(a)(i) 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. 34(6)(c)(i)
- F8
Words in Sch. 3 para. 14(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), 17(4)(b)(i)
- F9
Words in Sch. 3 para. 14(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(b)(i)
- F10
Words in Sch. 3 para. 14(2)(b)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 11(6)(c)(i)
- F11
Words in Sch. 3 para. 14(2)(b)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 36(6)(c)(ii)
- F12
Words in Sch. 3 para. 14(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), 11(6)(c)(i)
- F13
Words in Sch. 3 para. 14(2)(b)(i) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 5 para. 6(4)(a)(ii)
- F14
Sch. 3 para. 14(2)(b)(i): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 9(7)(e)(i)
- F15
Words in Sch. 3 para. 14(2)(b)(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), 9(7)(e)(ii)
- F16
Words in Sch. 3 para. 14(2)(b)(i) 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. 34(6)(c)(ii)
- F17
Words in Sch. 3 para. 14(2)(b)(ii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 36(6)(c)(iii)
- F18
Words in Sch. 3 para. 14(2)(b) substituted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 6(10)(c)
- F19
Words in Sch. 3 para. 14(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), 17(4)(b)(ii)(aa)
- F20
Words in Sch. 3 para. 14(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), 17(4)(b)(ii)(bb)
- F21
Words in Sch. 3 para. 14(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(b)(ii)
- F22
Words in Sch. 3 para. 14(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(aa)(c)(ii)
- F23
Words in Sch. 3 para. 14(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), 11(6)(c)(i)
- F24
Words in Sch. 3 para. 14(4)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 36(6)(c)(iv)
- F25
Words in Sch. 3 para. 14(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), 11(6)(c)(i)
- F26
Words in Sch. 3 para. 14(4)(a) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 5 para. 6(4)(b)
- F27
Sch. 3 para. 14(4)(a): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 9(7)(f)(i)
- F28
Words in Sch. 3 para. 14(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), 9(7)(f)(ii)
- F29
Words in Sch. 3 para. 14(4)(a) 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. 34(6)(c)(iii)
- F30
Words in Sch. 3 para. 14(4)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(bb)(c)(ii)
- F31
Words in Sch. 3 para. 14(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), 17(4)(b)(iii)
- F32
Words in Sch. 3 para. 14(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(c)(i)
- F33
Words in Sch. 3 para. 14(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(c)(ii)
- F34
Sch. 3 para. 14(5)(c) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 36(6)(c)(v)
- F35
Words in Sch. 3 para. 14(5)(c) inserted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(6)(b)
- F36
Sch. 3 para. 14(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), 9(7)(g)
- F37
Sch. 3 para. 14(5)(e) and semi colon inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 11(6)(c)(ii)
- F38
Sch. 3 para. 14(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), 11(6)(c)(ii)
- F39
Words in Sch. 3 para. 14(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), 17(4)(b)(iv)
- F40
Words in Sch. 3 para. 14(6) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(d)
- F41
Words in Sch. 3 para. 14(6) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 6(6)
- F42
Words in Sch. 3 para. 14(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(e)(i)
- F43
Words in Sch. 3 para. 14(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(e)(ii)
- F44
Words in Sch. 3 para. 14(7) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 4(3)
Marginal citations
- M1
2001 c. 11; section 7 was amended by the State Pension Credit Act 2002, section 14 and Schedule 2 and by the Tax Credits Act 2002, section 60 and Schedule 6.