Prescribed conditions for a disabled or severely disabled child or qualifying young personU.K.
8.—(1) For the purposes of section 9 of the Act a child or qualifying young person—
(a)is disabled if he satisfies the requirements of paragraph (2); and
(b)is severely disabled if he satisfies the requirements of [F1paragraph (3), (4), (5) or (6)].
(2) A person satisfies the requirements of this paragraph if—
(a)disability living allowance is payable in respect of him, or has ceased to be so payable solely because he is a patient; or
[F2(b)he is certified as severely sight impaired or blind by a consultant ophthalmologist;]
(c)he ceased to be so F3... certified as [F4severely sight impaired or] blind within the 28 weeks immediately preceding the date of claim [F5; or
(d)personal independence payment is payable in respect of that person, or would be so payable but for regulations made under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012] [F6, or]
[F7(e)a payment of disability assistance is payable by the Scottish Ministers under section 31 of the Social Security (Scotland) Act 2018.]
(3) A person satisfies the requirements of this paragraph if the care component of disability living allowance—
(a)is payable in respect of him, or
(b)would be so payable but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act M1 or an abatement as a consequence of hospitalisation,
at the highest rate prescribed under section 72(3) of that Act.
[F8(4) A person satisfies the requirements of this paragraph if the daily living component of personal independence payment—
(a)is payable in respect of that person, or
(b)would be so payable but for regulations made under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012,
at the enhanced rate under section 78(2) of that Act.]
[F9(5) A person satisfies the requirements of this paragraph if an armed forces independence payment is payable in respect of him.]
[F10(6) A person satisfies the requirements of this paragraph if disability assistance under section 31 of the Social Security (Scotland) Act 2018 is payable at the higher rate in respect of that person.
(7) In this regulation “Scottish Ministers” has the meaning given by section 44(2) of the Scotland Act 1998.]
Textual Amendments
F1Words in reg. 8(1)(b) substituted (6.4.2020) by The Tax Credits, Child Benefit, Guardian’s Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 4(3)(a)
F2Reg. 8(2)(b) substituted (28.11.2014) by The Child Benefit (General) and Tax Credits (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/2924), regs. 1, 3(3)(a)
F3Words in reg. 8(2)(c) omitted (28.11.2014) by virtue of The Child Benefit (General) and Tax Credits (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/2924), regs. 1, 3(3)(b)
F4Words in reg. 8(2)(c) inserted (28.11.2014) by The Child Benefit (General) and Tax Credits (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/2924), regs. 1, 3(3)(b)
F5Reg. 8(2)(d) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 30(3)(b)
F6Word in reg. 8(2)(d) substituted for full stop (6.4.2020) by The Tax Credits, Child Benefit, Guardian’s Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 4(3)(b)(i)
F7Reg. 8(2)(e) inserted (6.4.2020) by The Tax Credits, Child Benefit, Guardian’s Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 4(3)(b)(ii)
F8Reg. 8(4) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 30(3)(c)
F9Reg. 8(5) 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. 26(3)(b)
F10Reg. 8(6)(7) inserted (6.4.2020) by The Tax Credits, Child Benefit, Guardian’s Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 4(3)(c)
Marginal Citations