Paragraph 13A Enhanced disability premiumC2F1
England, Wales and Scotland
Subject to sub-paragraph (2), the condition is that—
the claimant; or
the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,
is a person to whom sub-paragraph (1ZA) applies.
This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—
armed forces independence payment is payable to that person;
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 hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; F4...
the care component of child disability payment is payable to that person at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations); F6...
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 to that person at the highest rate in accordance with regulation 6(4) of those Regulations;
the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that ActF8or
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 F9Disability Assistance for Working Age People (Scotland) Regulations 2022, be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations.
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant F11or partner is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).
The condition is not satisfied if the person to whom sub-paragraph (1) refers is—
a child or young person—
whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or
who is a long-term patient;
a single claimant or a lone parent and (in either case) is a long-term patient;
a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or
a member of a couple or polygamous marriage who—
is a long-term patient; and
is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.
Annotations
Textual amendments
- F1
Sch. 2 para. 13A inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(1)(c), 2(c)(ii)
- F2
Sch. 2 para. 13A(1)(1ZA) substituted for Sch. 2 para. 13A(1) (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 11(5)(c)(v)
- F3
Sch. 2 para. 13A(1)(1ZA) substituted (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. 4(5)(d)
- F4
Word in Sch. 2 para. 13A(1ZA)(b) omitted (26.7.2021) by virtue of 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. 1 para. 5(3)(a)
- F5
Sch. 2 para. 13A(1ZA)(ba) 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. 1 para. 5(3)(b)
- F6
Word in Sch. 2 para. 13A(1ZA)(ba) 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), 2(6)(d)(i)
- F7
Sch. 2 para. 13A(1ZA)(bb) inserted (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)(f)
- F8
Sch. 2 para. 13A(1ZA)(d) and word 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), 2(6)(d)(ii)
- F9
Words in Sch. 2 para. 13A(1ZA)(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), 2(2)(b)
- F10
Sch. 2 para. 13A(1A) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(5)(a)
- F11
Words in Sch. 2 para. 13A(1A) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(7)
- F12
Sch. 2 para. 13A(2) 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)(f)
Modifications
- C1
Sch. 2 para. 13A(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(g), 20(2)(b)
- C2
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))
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