The Employment and Support Allowance Regulations 2008

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Version Superseded: 21/03/2022

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The Employment and Support Allowance Regulations 2008, Paragraph 6 is up to date with all changes known to be in force on or before 09 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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

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

(a)in the case of a single claimant, a lone parent[F1, a person who has no partner and who is responsible for and a member of the same household as a young person] or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

(i)the claimant is in receipt of the care component[F2, the daily living component][F3, armed forces independence payment] [F4or attendance allowance];

(ii)subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing; and

(iii)no person is entitled to, and in receipt of, [F5a carer’s allowance or has an award of universal credit which includes the carer element] in respect of caring for the claimant;

(b)in the case of a claimant who has a partner—

(i)the claimant is in receipt of the care component[F6, the daily living component][F7, armed forces independence payment] [F8or attendance allowance];

(ii)the claimant's partner is also in receipt of the care component[F9, the daily living component][F10, armed forces independence payment] or attendance allowance or, if the claimant is a member of a polygamous marriage, all the partners of that marriage are in receipt of the care component[F9, the daily living component][F10, armed forces independence payment] or attendance allowance; and

(iii)subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing,

and, either a person is entitled to, and in receipt of, a carer's allowance [F11or has an award of universal credit which includes the carer element] 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 [F12or has such an award of universal credit] in respect of caring for either member of the couple or any partner of the polygamous marriage.

(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii) and that partner is blind or severely sight impaired or is treated as blind or severely sight impaired that partner is to be treated for the purposes of sub-paragraph (2) as if the partner were not a partner of the claimant.

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

(a)a person receiving attendance allowance,[F13the daily living component][F14, armed forces independence payment] or the care component;

(b)subject to sub-paragraph (7), a person who joins the claimant's household for the first time in order to care for the claimant or the claimant's partner and immediately before so joining the claimant or the claimant's partner was treated as a severely disabled person; or

(c)a person who is blind or severely sight impaired or is treated as blind or severely sight impaired.

(5) For the purposes of sub-paragraph (2)(b) a person is to be treated—

(a)as being in receipt of attendance allowance or the care component if the person would, but for the person being a patient for a period exceeding 28 days, be so in receipt;

(b)as being entitled to, and in receipt of, a carer's allowance [F15or having an award of universal credit which includes the carer element] if the person would, but for the person for whom the person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt [F16of carer’s allowance or have such an award of universal credit].

[F17(c)as being in entitled to, and in receipt of, the daily living component if the person would, but for regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so entitled and in receipt.]

(6) For the purposes of sub-paragraph (2)(a)(iii) and (b), no account is to be taken of an award of carer's allowance [F18or universal credit which includes the carer element] to the extent that payment of such an award is backdated for a period before the date on which the award is first paid.

(7) Sub-paragraph (4)(b) is to 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.

(8) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance [F19or as having an award of universal credit which includes the carer element] are to include references to a person who would have been in receipt of that allowance [F20or had such an award] but for the application of a restriction under section [F216B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

(9) [F22(a)] In this paragraph—

[F23blind or severely sight impaired” means certified as blind or severely sight impaired by a consultant ophthalmologist and a person who has ceased to be certified as blind or severely sight impaired where that person’s eyesight has been regained is, nevertheless, to be treated as blind or severely sight impaired for a period of 28 weeks following the date on which the person ceased to be so certified;]

“the care component” means the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.

[F24(b)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. 4 Pt. 2 para. 6(2)(a) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 5(5)(b)

F2Words in Sch. 4 para. 6(2)(a)(i) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(i)

F3Words in Sch. 4 para. 6(2)(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. 37(5)(b)(i)

F4Words in Sch. 4 para. 6(2)(a)(i) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(14)(a)

F5Words in Sch. 4 para. 6(2)(a)(iii) substituted (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), 19(2)

F6Words in Sch. 4 para. 6(2)(b)(i) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(ii)

F7Words in Sch. 4 para. 6(2)(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. 37(5)(b)(ii)

F8Words in Sch. 4 para. 6(2)(b)(i) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(14)(b)

F9Words in Sch. 4 para. 6(2)(b)(ii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(iii)

F10Words in Sch. 4 para. 6(2)(b)(ii) 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. 37(5)(b)(iii)

F11Words in Sch. 4 para. 6(2)(b) 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), 19(3)(a)