Paragraph 15 Severe Disability Premium

he is in receipt of attendance allowance F1, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits 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, armed forces independence payment 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, 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; and

subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

no person is entitled to, and in receipt of, F7a carer’s allowance under section 70 of the Benefits Act F8or carer support payment F9or has an award of universal credit which includes the carer element in respect of caring for him;

the claimant is in receipt of attendance allowance F10, pension age disability payment F11, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits 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, armed forces independence payment F14, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F15, 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 (the “qualifying benefit"); and

the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing; and

either–

a person in receipt of attendance allowance F21, pension age disability payment F22, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act F23, 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 F24, armed forces independence payment F25, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F26, or the daily living component of adult disability payment at the standard or enhanced rate prescribed in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

subject to sub-paragraph (6), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner satisfied the condition in sub-paragraph (l) or, as the case may be, (2);

a person who is F27severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 14(l)(h) and (2).

F29as 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 Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so 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 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 they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations be so in receipt;

as being in receipt of pension age disability payment if they 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;

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 they 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;

as being entitled to and in receipt of a carer’s allowance F35or carer support payment F36or 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 F37of carer’s allowance or carer support payment or have such an award of universal credit.