Persons residing with the claimant whose presence is ignored
2.—(1) For the purposes of paragraph 1(1)(a)(ii), (b)(ii) and (c)(iii), this paragraph applies to the persons specified in the following sub-paragraphs.
(2) A person who—
(a)is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act;
(b)is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council;
(c)is no longer registered as blind in accordance with head (b) but was so registered not more than 28 weeks earlier;
(d)lives with the claimant in order to care for him or his partner and is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person;
(e)is a partner of a person to whom head (d) above applies; or
(f)is a person who is [F1a qualifying young person or] child for the purposes of Part IX of the 1992 ActM1.
(3) 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 he joined the household, the claimant or his partner was treated as being severely disabled.
(4) Sub-paragraph (3) applies only for the first 12 weeks following the date on which the person first joins the claimant’s household.
(5) A person who is not a close relative of the claimant or his partner and—
(a)who is liable to make payments on a commercial basis to the claimant or his partner in respect of his occupation of the dwelling;
(b)to whom the claimant or his partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling; or
(c)who is a member of the household of a person to whom head (a) or (b) applies.
(6) Subject to paragraph 3(3), a person who jointly occupies the claimant’s dwelling and who is either—
(a)co-owner of that dwelling with the claimant or the claimant’s [F2partner] (whether or not there are other co-owners); or
(b)jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling.
(7) Subject to paragraph 3(3), a person who is a partner of a person to whom sub-paragraph (6) applies.
Textual Amendments
F1Words in Sch. I para. 2(2)(f) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 6(3)
F2Word in Sch. I para. 2(6)(a) 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)(ii)
Marginal Citations
M1 See section 142(1) of the 1992 Act.