{
  "url": "https://openlegislation.uk/social-security-benefit-computation-of-earnings-regulations-1996/schedule-2/paragraph-8",
  "json_url": "https://openlegislation.uk/social-security-benefit-computation-of-earnings-regulations-1996/schedule-2/paragraph-8.json",
  "legislation": "uksi/1996/2745",
  "legislation_title": "The Social Security Benefit (Computation of Earnings) Regulations 1996",
  "legislation_url": "https://openlegislation.uk/social-security-benefit-computation-of-earnings-regulations-1996",
  "path": "schedule/2/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": null,
  "text": "For the purposes of paragraph 1(c) the other member of a couple is incapacitated where—\n(a) ...housing benefit is payable under Part VII of the Contributions and Benefits Act to the other member or his partner and the applicable amount of the person entitled to the benefit includes—\n(i) a disability premium; or\n(ii) a higher pensioner premium by virtue of the satisfaction of—\n(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(bb) in the case of housing benefit, paragraph 11(2)(b) of Schedule 3 to the Housing Benefit Regulations 2006;\non account of the other member's incapacity or either regulation 18(1)(c) of the Council Tax Benefit Regulations 2006 (treatment of child care charges) or, as the case may be, regulation 28(1)(c) of the Housing Benefit Regulations 2006 (treatment of child care charges) applies in that person's case;\non account of the other member’s incapacity or either regulation 13A(1)(c) of the Council Tax Benefit (General) Regulations 1992 (treatment of child care charges) or, as the case may be, regulation 21A(1)(c) of the Housing Benefit (General) Regulations 1987 (treatment of child care charges) applies in that person’s case;\n(b) there is payable in respect of him one or more of the following pensions , payments or allowances—\n(i) long-term incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act ;\n(ii) attendance allowance under section 64 of that Act;\n(iii) severe disablement allowance under section 68 of that Act ;\n(iv) disability living allowance under section 71 of that Act;\n(v) an increase of disablement pension under section 104 of that Act;\n(vi) a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;\n(vii) personal independence payment under Part 4 of the Welfare Reform Act 2012;\n(viii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;\n(c) a pension , payment or allowance to which head (ii), (iv), (v) , (vi) or (vii) of sub-paragraph (b) refers, was payable on account of his incapacity but has ceased to be payable ;\n(i) in consequence of his becoming a patient (other than a person who is serving a sentence imposed by a court in a prison or youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975; or\n(ii) in accordance with regulations made section 86(1) (hospital in-patients) of the Welfare Reform Act 2012\n(d) sub-paragraph (b) or (c) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or\n(e) he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 para. 8(a) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 para. 8(a)(aa) (ii) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 2 para. 8(a)(ii) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 9 (with regs. 2, 3, Sch. 3, Sch. 4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in Sch. 2 para. 8(b) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 17(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 2 para. 8(b)(vii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 17(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 2 para. 8(b)(viii) 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. 12(2)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in Sch. 2 para. 8(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. 17(c)(i)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Sch. 2 para. 8(c) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 17(c)(ii)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Sch. 2 para. 8(c)(i) in Sch. 2 para. 8(c) renumbered as Sch. 2 para. 8(c)(i) (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 17(c)(iii)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Sch. 2 para. 8(c)(ii) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 17(c)(iv)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Regulation 21A was inserted by S.I. 1994/1924 regulation 5; relevant amending instruments are S.I. 1995/560 and 1995/626."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "Section 30A was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18) section 1(1). Sections 40 and 41 were substituted by paragraphs 8 and 9 respectively of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c.18). Section 41 was amended by the Pensions Act 1995 (c.26), Schedule 4, paragraph 21(4)."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "Section 68 was amended by the Social Security (Incapacity for Work) Act 1994 (c.18) section 9(2) and (3), Schedule 1, paragraphs 11(5), 18(2), (3) and (4) and Schedule 2 and S.I. 1994/2556. Subsection (4ZA) was inserted by S.I. 1984/1303 as substituted by S.I. 1991/1747."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "S.I.1975/555; the relevant amending instrument is S.I. 1992/2595."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "1977 c.49."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "1978 c.29."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "S.I. 1972/1265 (N.I. 14)."
    },
    {
      "type": "M",
      "label": "M8",
      "text": "Section 70 was amended by S.I. 1994/2556."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/2745/schedule/2/paragraph/8",
    "retrieved_at": "2026-10-29T12:33:05.829440+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}