Paragraph 1 Severe disablement

(1)

For the purposes of regulation 6(4) (additional amounts for persons severely disabled), the claimant is to be treated as being severely disabled if, and only if—

(a)

in the case of a claimant who has no partner—

(i)

he is in receipt of attendance allowance F1, pension age disability payment F2, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 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, 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, 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 F6or armed forces independence payment; and

(ii)

no person who has attained the age of 18 is normally residing with the claimant, nor is the claimant normally residing with such a person, other than a person to whom paragraph 2 applies; and

(iii)

no person is entitled to and in receipt of an allowance under section 70 of the 1992 Act (F7carer’s allowance) F8or carer support payment F9, or has an award of universal credit which includes the carer element, in respect of caring for him;

(b)

in the case of a claimant who has a partner—

(i)

both partners are 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 1992 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, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F14, 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 F15or armed forces independence payment; and

(ii)

no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies;

and either a person is entitled to, and in receipt of, an allowance under section 70 of the 1992 Act F16or carer support payment F17, or has an award of universal credit which includes the carer element, in respect of caring for one only of the partners or, as the case may be, no person is entitled to, and in receipt of, such an allowance F18under section 70 F19or carer support payment, or has an award of universal credit which includes the carer element, in respect of caring for either partner;

(c)

in the case of a claimant who has a partner and to whom head (b) does not apply—

(i)

either the claimant or his partner is in receipt of attendance allowance F20, pension age disability payment F21, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act F22, 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 F23, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F24, 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 F25or armed forces independence payment; and

F26(ii)

the other partner is certified as severely sight impaired or blind by a consultant ophthalmologist; and

(iii)

no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies; and

(iv)

no person is entitled to and in receipt of an allowance under section 70 of the 1992 Act F27or carer support payment F28, or has an award of universal credit which includes the carer element, in respect of caring for the person to whom head (c) (i) above applies.

(2)

A person shall be treated—

(a)

for the purposes of sub-paragraph (1) as being in receipt of attendance allowance F29, pension age disability payment or, as the case may be F30, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act F31, 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 F32, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F33, 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 F34or armed forces independence payment, for any period—

(i)

before an award is made but in respect of which the allowance F35or payment is awarded; or

(ii)

not covered by an award but in respect of which a payment is made in lieu of an award;

(b)

for the purposes of sub-paragraph (1)(b) as being in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance section F3672(3) of the 1992 Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

F37(ba)

for the purposes of sub-paragraph (1)(b) 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 that Act, be so in receipt;

F38(bb)

for the purposes of sub-paragraph (1)(b) 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 that person would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;

F39(bc)

for the purposes of sub-paragraph (1)(b) as being in receipt of pension age disability payment if that person 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;

F40(bd)

for the purposes of sub-paragraph (1)(b) 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 that person 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;

(c)

for the purposes of sub-paragraph (1), as not being in receipt of an allowance under section 70 of the 1992 Act F41or carer support payment F42, or as having an award of universal credit which includes the carer element, for any period before F43the date on which the award is first paid.

F44(3)

For the purposes of sub-paragraph (1)(c)(ii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the requirements set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

F45(4)

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: Words in Sch. I para. 1(1)(a)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 9(3)(a)(i)
F2: Words in Sch. I para. 1(1)(a)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(4)(a)(i)
F3: Words in Sch. I para. 1(1)(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 10(3)(a)(i)
F4: Sch. I para. 1(1)(a)(i): 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), 8(3)(a)(i)
F5: Words in Sch. I para. 1(1)(a)(i) 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), 8(3)(a)(ii)
F6: Words in Sch. I para. 1(1)(a)(i) 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. 23(4)(a)(i)
F7: Words in Sch. I para. 1(1)(a)(iii) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(8)(a)
F8: Words in Sch. I para. 1(1)(a)(iii) 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), 14(6)(a)(i)
F9: Words in Sch. I para. 1(1)(a)(iii) 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), 16(3)(a)
F10: Words in Sch. I para. 1(1)(b)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 9(3)(a)(i)
F11: Words in Sch. I para. 1(1)(b)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(4)(a)(ii)
F12: Words in Sch. I para. 1(1)(b)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 10(3)(a)(i)
F13: Sch. I para. 1(1)(b)(i): 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), 8(3)(b)(i)
F14: Words in Sch. I para. 1(1)(b)(i) 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), 8(3)(b)(ii)
F15: Words in Sch. I para. 1(1)(b)(i) 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. 23(4)(a)(ii)
F16: Words in Sch. I para. 1(1) 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), 14(6)(a)(ii)(aa)
F17: Words in Sch. I para. 1(1)(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), 16(3)(b)(i)
F18: Words in Sch. I para. 1(1)(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), 16(3)(b)(ii)
F19: Words in Sch. I para. 1(1) 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), 14(6)(a)(ii)(bb)
F20: Words in Sch. I para. 1(1)(c)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 9(3)(a)(i)
F21: Words in Sch. I para. 1(1)(c)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(4)(a)(iii)
F22: Words in Sch. I para. 1(1)(c)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 10(3)(a)(i)
F23: Sch. I para. 1(1)(c)(i): 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), 8(3)(c)(i)
F24: Words in Sch. I para. 1(1)(c)(i) 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), 8(3)(c)(ii)
F25: Words in Sch. I para. 1(1)(c)(i) 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. 23(4)(a)(iii)
F26: Sch. I para. 1(1)(c)(ii) 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(4)(a)(i)(aa)
F27: Words in Sch. I para. 1(1)(c)(iv) 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), 14(6)(a)(iii)
F28: Words in Sch. I para. 1(1)(c)(iv) 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), 16(3)(c)
F29: Words in Sch. I para. 1(2)(a) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 9(3)(a)(ii)
F30: Words in Sch. I para. 1(2)(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. 27(4)(a)(iv)
F31: Words in Sch. I para. 1(2)(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), 10(3)(a)(i)
F32: Sch. I para. 1(2)(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), 8(3)(d)(i)
F33: Words in Sch. I para. 1(2)(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), 8(3)(d)(ii)
F34: Words in Sch. I para. 1(2)(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. 23(4)(a)(iv)
F35: Words in Sch. I para. 1(2)(a)(i) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(4)(a)(v)
F36: Word in Sch. I para. 1(2)(b) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 8(a)(i)
F37: Sch. I para. 1(2)(ba) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(4)(a)(vi)
F38: Sch. I para. 1(2)(bb) 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), 8(3)(e)
F39: Sch. I para. 1(2)(bc) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 9(3)(a)(iii)
F40: Sch. I para. 1(2)(bd) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 10(3)(a)(ii)
F41: Words in Sch. I para. 1(2)(c) 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), 14(6)(a)(iv)
F42: Words in Sch. I para. 1(2)(c) 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), 16(3)(d)
F43: Words in Sch. I para. 1(2)(c) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 4(2)
F44: Sch. I para. 1(3) 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(4)(a)(i)(bb)
F45: Sch. I para. 1(4) 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), 16(3)(e)