The State Pension Credit Regulations 2002

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Version Superseded: 21/10/2024

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Severe disablement

1.—(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, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F2,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F3, 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] [F4or 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 ([F5carer’s allowance]) [F6or carer support payment] [F7, 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[F8, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F9,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F10, 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] [F11or 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 [F12or carer support payment] [F13, 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 [F14under section 70 [F15or 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[F16, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F17,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F18, 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] [F19or armed forces independence payment]; and

[F20(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 [F21or carer support payment] [F22, 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 or, as the case may be [F23, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F24,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F25, 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] [F26or armed forces independence payment], for any period—

(i)before an award is made but in respect of which the allowance [F27or 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 [F2872(3)] of the 1992 Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

[F29(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;]

[F30(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;]

(c)for the purposes of sub-paragraph (1), as not being in receipt of an allowance under section 70 of the 1992 Act [F31or carer support payment] [F32, or as having an award of universal credit which includes the carer element,] for any period before [F33the date on which the award is first paid].

[F34(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.]

[F35(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.]

Textual Amendments

F1Words 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)

F2Sch. 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)

F3Words 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9Sch. 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)

F10Words 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)

F11Words 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)