# The Housing Benefit Regulations (Northern Ireland) 2006, Paragraph 14: Severe disability premium

Extent: N.I.

(1) The condition is that the claimant is a severely disabled person.
(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—
(a) 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)—
(i) he is in receipt of armed forces independence payment, attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act , 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 , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order 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 a pension age disability payment in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024;
(ii) 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
(iii) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Act , carer support payment or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016 in respect of caring for him;
(b) in the case of a claimant who has a partner—
(i) the claimant is in receipt of armed forces independence payment, attendance allowance , pension age disability payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act , 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 , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order or 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;
(ii) his partner is also in receipt of such an allowance or 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
(iii) 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 entitled to and in receipt of a carer’s allowance , 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 or payment or has such an award of universal credit in respect of caring for either member of a couple or any partner of a 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 severely 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.
(4) For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account shall be taken of—
(a) a person receiving armed forces independence payment, attendance allowance , pension age disability payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act , 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 , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order or 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;
(b) a person who is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2).
(5) For the purposes of sub-paragraph (2)(b) a person shall be treated—
(a) 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;
(b) as being entitled to and in receipt of a carer’s allowance , carer support payment or 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 and in receipt or have such an award of universal credit.
(c) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83 of the 2015 Order, if he would, but for payment ceasing by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients), be so in receipt.
(d) 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 receipt
(e) as being in receipt of pension age disability payment if that person would, but for regulation 20 of the Disability Assistance for Older People (Scotland) Regulations 2024 (effect of admission to hospital on ongoing entitlement to pension age disability payment) be so in receipt.
(f) as being in receipt 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.
(6) For the purposes of sub-paragraph (2)(a)(iii) and (b), no account shall be taken of an award of carer’s allowance , carer support payment or 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) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance or 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 or had such an award of universal credit but for the application of a restriction under section 5B or 6 of the Fraud Act (loss of benefit provisions).

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Source: https://www.legislation.gov.uk/nisr/2006/405/schedule/4/paragraph/14 (the official version)
Page: https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/schedule-4/paragraph-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.