The Jobseeker’s Allowance Regulations 1996

[F1 Enhanced disability premium

15A.— [F2 (1) Subject to sub-paragraph (2), the condition is that—

(a) the claimant; or

(b) the claimant’s partner (if any),

is a person who has not attained the qualifying age for state pension credit and is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of the Benefits Act; or

(b) the daily living component of personal independence payment is, or would, but for a suspension of benefits in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of the 2012 Act[F3 ; or

(c) armed forces independence payment is payable to that person.]]

[F4 (1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant [F5 or partner] is entitled to child benefit in respect of that person under section 145A of the Benefits Act (entitlement after death of child or qualifying young person).]

[F6 (2) The condition is not satisfied where the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.]]

Textual Amendments

F1 Sch. 1 para. 15A inserted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(ii)

F2 Sch. 1 para. 15A(1)(1ZA) substituted for Sch. 1 para. 15A(1) (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)(d)

F3 Sch. 1 para. 15A(1), (1ZA)(c) and word 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)(d)

F4 Sch. 1 para. 15A(1A) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(a)

F5 Words in Sch. 1 para. 15A(1A) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(12)

F6 Sch. 1 para. 15A(2) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(e)

Modifications etc. (not altering text)

C1 Sch. 1 para. 15A(2)(a): sum confirmed (coming into force in accordance with art. 1(2)(l)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(l)(ii), 25(2)(b)