Paragraph 20I Severe Disability PremiumF1
The condition is that—
a member of a joint-claim couple is in receipt of attendance allowance F2, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act F3, 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 F4, armed forces independence payment F5, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F6, 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 benefits”); and
the other member is also in receipt of such an allowance, 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 (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing; and
either—
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 either member or the couple or all the members of the polygamous marriage; or
a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is entitled to a carer’s allowance under section 70 of the Benefits Act F10or carer support payment or has an award of universal credit which includes the carer element.
Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is F11severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 20H(1)(i) and (2), that member shall be treated for the purposes of sub-paragraph (1) as if he were not a member of the couple.
The following persons shall not be regarded as non-dependant for the purposes of sub-paragraph (1)(c)—
a person in receipt of attendance allowance F12, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act F13, 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 F14, armed forces independence payment F15, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F16, 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;
subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1);
a person who is F17severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 20H(1)(i) and (2).
For the purposes of sub-paragraph (1), a member of a joint-claim couple 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 Benefits 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 F18or carer support payment F19or 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 F20of carer’s allowance or carer support payment or have such an award of universal credit.
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 receiptF22;
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 F23Disability Assistance for Working Age People (Scotland) Regulations 2022, if he would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receiptF24;
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.
Sub-paragraph (3)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple’s household.
For the purposes of sub-paragraph (1)(d), no account shall be taken of an award of carer’s allowance F25, carer support payment F26or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before F27the date on which the award is first paid.
In sub-paragraph (1)(d), the reference to a person being in receipt of a carer’s allowance F29or carer support payment F30or as having an award of universal credit which includes the carer element shall include a reference to a person who would have been in receipt of that allowance F31or had such an award but for the application of a restriction under section F326B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.
Annotations
Textual amendments
- F1
Sch. 1 Pts. 4A-4B inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 53(4)
- F2
Words in Sch. 1 para. 20I(1)(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. 16(7)(h)(i)
- F3
Words in Sch. 1 para. 20I(1)(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), 7(7)(g)(i)
- F4
Words in Sch. 1 para. 20I(1)(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. 10(7)(h)(i)
- F5
Sch. 1 para. 20I(1)(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), 5(7)(t)(i)
- F6
Words in Sch. 1 para. 20I(1)(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), 5(7)(t)(ii)
- F7
Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)
- F8
Words in Sch. 1 para. 20I(1)(d)(i) 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), 8(9)(f)(i)
- F9
Words in Sch. 1 para. 20I(1)(d) 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), 15(3)(a)
- F10
Words in Sch. 1 para. 20I(1)(d)(ii) 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), 8(9)(f)(i)
- F11
Words in Sch. 1 para. 20I(2) 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(3)(a)(v)(aa)
- F12
Words in Sch. 1 para. 20I(3)(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. 16(7)(h)(ii)
- F13
Words in Sch. 1 para. 20I(3)(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), 7(7)(g)(i)
- F14
Words in Sch. 1 para. 20I(3)(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. 10(7)(h)(ii)
- F15
Sch. 1 para. 20I(3)(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), 5(7)(u)(i)
- F16
Words in Sch. 1 para. 20I(3)(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), 5(7)(u)(ii)
- F17
Words in Sch. 1 para. 20I(3)(c) 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(3)(a)(v)(bb)
- F18
Words in Sch. 1 para. 20I(4)(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), 8(9)(f)(ii)
- F19
Words in Sch. 1 para. 20I(4)(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), 15(3)(b)(i)
- F20
Words in Sch. 1 para. 20I(4)(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), 15(3)(b)(ii)
- F21
Sch. 1 para. 20I(4)(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. 16(7)(h)(iii)
- F22
Sch. 1 para. 20I(4)(d) and semi-colon 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), 5(7)(v)
- F23
Words in Sch. 1 para. 20I(4)(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), 3(2)(a)
- F24
Sch. 1 para. 20I(4)(e) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(g)(ii)
- F25
Words in Sch. 1 para. 20I(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), 8(9)(f)(iii)
- F26
Words in Sch. 1 para. 20I(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), 15(3)(c)
- F27
Words in Sch. 1 para. 20I(6) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(8)(j)
- F28
Sch. 1 para. 20I(7) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 2(2)(b)
- F29
Words in Sch. 1 para. 20I(7) 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), 8(9)(f)(iv)
- F30
Words in Sch. 1 para. 20I(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), 15(3)(d)(i)
- F31
Words in Sch. 1 para. 20I(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), 15(3)(d)(ii)
- F32
Words in Sch. 1 para. 20I(7) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 11(3)(b)
- F33
Sch. 1 para. 20I(8) 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), 15(3)(e)
Notes on the whole SI
Textual amendments
- F1
- F2
Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
- F3
1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
- F4
1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
- F5
See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).