OpenLegislation

Paragraph 11 Disability PremiumC1I1

England, Wales and Scotland

F1(1)

F2Subject to sub-paragraph (2), the condition is that—

(a)

where the claimant is a single claimant or a lone parent,F3... the additional condition specified in paragraph 12 is satisfied; or

(b)

where the claimant has a partner, either—

F4(i)

the claimant satisfies the additional condition specified in F5paragraph 12(1)(a), (b), (c) F6, (d) or (f) ; or

(ii)

his partner F7has not attained the qualifying age for state pension credit and the additional condition specified in F8paragraph 12(1)(a), (c) F9(d) F10, (e) or (f) is satisfied by his partner.

F11(2)

The condition is not satisfied if—

(a)

the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b)

the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c)

the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i)

a long-term patient; and

(ii)

the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.

Annotations

Textual amendments

F1

Sch. 2 para. 11(1): Sch. 2 para. 11 renumbered as Sch. 2 para. 11(1) (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(i)

F2

Words in Sch. 2 para. 11(1) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(ii)

F3

Words in Sch. 2 para. 11(a) omitted (6.10.2003) by virtue of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 29(5)(d)(i)

F4

Sch. 2 para. 11(b)(i) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 29(5)(d)(ii)

F5

Words in Sch. 2 Pt. III para. 11(b)(i) substituted (6.10.2003) by The Income Support (General) Amendment Regulations 2003 (S.I. 2003/2379), regs. 1, 2(3)(a)

F6

Words in Sch. 2 para. 11(1)(b)(i) substituted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 5(4)(c)(i)

F7

Words in Sch. 2 para. 11(1)(b)(ii) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 3(4)

F8

Words in Sch. 2 Pt. III para. 11(b)(ii) substituted (6.10.2003) by The Income Support (General) Amendment Regulations 2003 (S.I. 2003/2379), regs. 1, 2(3)(b)

F9

Words in Sch. 2 para. 11(1)(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), 4(4)(c)

F10

Words in Sch. 2 para. 11(1)(b)(ii) substituted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 5(4)(c)(ii)

F11

Sch. 2 para. 11(2) inserted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(iii)

Modifications

C1

Sch. 2 applied (with modifications) (8.4.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(b), 24(2))

Commencement

I1

Sch. 2 para. 11 in force at 11.4.1988, see reg. 1

Notes on the whole SI

Textual amendments

F1

1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

F2

1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

Notes on Schedule 2

Textual amendments

F1

Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19

Modifications

C1

Sch. 2 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)

C3

Sch. 2 applied (with modifications) (S.) (26.7.2021) by S.S.I. 2003/460 (as amended by The Disability Assistance for Children and Young People (Consequential Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/122), regs. 1, 2)

C4

Sch. 2 applied (with modifications) (S.) (26.7.2021) by S.S.I. 2003/460 (as amended by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 10 (with reg. 19))

Notes on Part III

Textual amendments

F1

Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19