The Income Support (General) Regulations 1987

Changes over time for: Paragraph 13

Version Superseded: 08/04/2013

Status:

Point in time view as at 01/04/2010. This version of this provision has been superseded.

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Severe Disability PremiumE+W+S

13.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant[F1, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)]—

(i)he is in receipt of attendance allowance[F2, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act], and

(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F3normally residing with him or with whom he is normally residing,] and

[F4(iii)no person is entitled to, and in receipt of, [F5a carer’s allowance] under section 70 of the Contributions and Benefits Act in respect of caring for him;]

(b)[F6in the case of a claimant who] has a partner—

(i)he is in receipt of attendance allowance[F7, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; and

(ii)his partner 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 thereof; and

(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F8normally residing with him or with whom he is normally residing,]

and, either [F9a person is entitled to, and in receipt of, [F5a carer’s allowance] in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance] in respect of caring for either member of the couple or any partner of the polygamous marriage.

[F10(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.]

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance[F11, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; or

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)subject to sub-paragraph (4), 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 was treated as a severely disabled person; [F13or

(d)a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).]

[F14(3A) For the purposes of sub-paragraph (2)(b) a person shall be treatedF15...—

(a)[F16as being in receipt of] attendance allowance[F17, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;]

[F18(b)as being entitled to and in receipt of [F5a carer’s allowance] 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.]

[F19(3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of [F5carer’s allowance] to the extent that payment of such an award is back-dated for a period before [F20the date on which the award is first paid].]

(4) Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.

[F21(5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of [F5a carer’s allowance] shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section [F226B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]