The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014

Meaning of “blind”

3.—(1) The Universal Credit Regulations 2013(1) are amended as follows—

(a) in regulation 2 (interpretation)(2)—

(i) omit the definition of “registered as blind”;

(ii) after the definition of “bereavement allowance” insert—

““blind” means certified as severely sight impaired or blind by a consultant ophthalmologist;”;

(b) in regulation 24 (the child element) in paragraph (2)(b)(ii) omit the words “registered as”;

(c) in Schedule 4 (housing costs element for renters) in paragraph 15(2)(a) (exempt renters) omit the words “registered as”.

(2) The Income Support (General) Regulations 1987(3) are amended as follows—

(a) in Schedule 2 (applicable amounts)—

(i) in paragraph 12 (additional condition for the higher pensioner and disability premiums)—

(aa) for sub-paragraph (1)(a)(iii) substitute—

“(iii) is certified as severely sight impaired or blind by a consultant ophthalmologist; or”;

(bb) for sub-paragraph (2) substitute—

“(2) For the purposes of sub-paragraph (1)(a)(iii), 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 additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.”;

(ii) in paragraph 13 (severe disability premium)(4)—

(aa) in sub-paragraph (2A) for “blind or is treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(bb) in sub-paragraph (3)(d) for “blind or is treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(iii) in paragraph 14(1)(b) (disabled child premium) (5), for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”; and

(b) in paragraph 18(6)(a) (non-dependant deductions) of Schedule 3 (housing costs), for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”.

(3) The Jobseeker’s Allowance Regulations 1996(6) are amended as follows—

(a) in Schedule 1 (applicable amounts)—

(i) in paragraph 14 (additional conditions for higher pensioner and disability premium)—

(aa) for sub-paragraph (1)(h) substitute—

“(h) the claimant or, as the case may be, his partner, is certified as severely sight impaired or blind by a consultant ophthalmologist.”;

(bb) for sub-paragraph (2) substitute—

“(2) For the purposes of sub-paragraph (1)(h), 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 additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.”;

(ii) in paragraph 15 (severe disability premium)—

(aa) in sub paragraph (3) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(bb) in sub-paragraph (4)(c) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(iii) in paragraph 16(1)(b) (disabled child premium)(7) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(iv) in paragraph 20H (additional conditions for higher pensioner and disability premium)(8)—

(aa) for sub-paragraph (1)(i) substitute—

“(i) is certified as severely sight impaired or blind by a consultant ophthalmologist.”;

(bb) for sub-paragraph (3) substitute—

“(3) For the purposes of sub-paragraph (1)(i), 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 additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.”;

(v) in paragraph 20I (severe disability premium)(9)—

(aa) in sub-paragraph (2) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(bb) in sub-paragraph (3)(c) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”; and

(b) in paragraph 17(6)(a) (non-dependant deductions) of Schedule 2 (housing costs) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”.

(4) The State Pension Credit Regulations 2002(10) are amended as follows—

(a) in Schedule 1—

(i) in paragraph 1 (severe disablement)—

(aa) for sub-paragraph (1)(c)(ii) substitute—

“(ii) the other partner is certified as severely sight impaired or blind by a consultant ophthalmologist; and”;

(bb) for sub-paragraph (3) substitute—

“(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.”;

(ii) in paragraph 2(2) (persons residing with the claimant whose presence is ignored)—

(aa) for sub-paragraph (b) substitute—

“(b) is certified as severely sight impaired or blind by a consultant ophthalmologist;”;

(bb) for sub-paragraph (c) substitute—

“(c) is no longer certified as severely sight impaired or blind in accordance with head (b) but was so certified not more than 28 weeks earlier;”;

(b) in Schedule 2 (housing costs)—

(i) for paragraph 1(2)(a)(iii)(cc) (housing costs) substitute:

“(cc) is certified as severely sight impaired or blind by a consultant ophthalmologist or who is within 28 weeks of ceasing to be so certified;”;

(ii) for paragraph 14(6)(a) (persons residing with the claimant) substitute—

“(a) certified as severely sight impaired or blind by a consultant ophthalmologist, or who is within 28 weeks of ceasing to be so certified; or”; and

(c) for paragraph 4(1)(b) of Schedule 6 (sums disregarded from claimant’s earnings) substitute—

“(b) is or are certified as severely sight impaired or blind by a consultant ophthalmologist.”.

(5) The Housing Benefit Regulations 2006(11) are amended as follows—

(a) in regulation 28(13) (treatment of child care charges)(12)—

(i) for sub-paragraph (b) substitute—

“(b) who is certified as severely sight impaired or blind by a consultant ophthalmologist;”;

(ii) in sub-paragraph (c) for “registered as blind in such a register” substitute “certified as severely sight impaired or blind”;

(b) in regulation 74(6)(a) (non-dependant deductions)(13) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(c) in Schedule 3 (applicable amounts)—

(i) in paragraph 13 (additional condition for the disability premium)—

(aa) for sub-paragraph (1)(a)(v) substitute—

“(v) is certified as severely sight impaired or blind by a consultant ophthalmologist; or”;

(bb) for sub-paragraph (2) substitute—

“(ii) For the purposes of sub-paragraph (1)(a)(v), 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 additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified”;

(ii) in paragraph 14 (severe disability premium)—

(aa) in sub-paragraph (3) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”;

(bb) in sub-paragraph (4)(b) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”; and

(iii) in paragraph 16(b) (disabled child premium) for “blind or treated as blind” substitute “severely sight impaired or blind or treated as severely sight impaired or blind”.

(6) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(14) are amended as follows—

(a) in regulation 31(13) (treatment of child care charges)(15)—

(i) for sub-paragraph (b) substitute—

“(b) who is certified as severely sight impaired or blind by a consultant ophthalmologist;”;

(ii) in sub-paragraph (c), for “registered as blind in such a register” substitute “certified as severely sight impaired or blind”;

(b) in paragraph 6 (severe disability premium) of Schedule 3 (applicable amounts)—

(i) for sub-paragraph (4) substitute—

“(4) For the purposes of sub-paragraph (3), a person is blind if he is certified as severely sight impaired or blind by a consultant ophthalmologist.”;

(ii) for sub-paragraph (5) substitute—

“(5) For the purposes of sub-paragraph (4), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.”;

(c) for paragraph 5(1)(b) of Schedule 4 (sums disregarded from claimant’s earnings) substitute—

“(b) is or are certified as severely sight impaired or blind by a consultant ophthalmologist; or”.

(7) The Employment and Support Allowance Regulations 2008(16) are amended as follows—

(a) for the definition of “blind or severely sight impaired” in paragraph 6(9) (severe disability premium) of Schedule 4 (amounts) substitute—

“blind 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;”; and

(b) for paragraph 19(6)(a) (non-dependant deductions) of Schedule 6 (housing costs) substitute—

“(a) certified as blind or severely sight impaired by a consultant ophthalmologist, or who is within 28 weeks of ceasing to be so certified;”.

(1)

S.I. 2013/376.

(2)

There are amendments which are not relevant to this instrument.

(3)

S.I. 1987/1967.

(4)

Relevant amending instrument is S.I. 1993/115.

(5)

Paragraph 14 was revoked by S.I. 2003/455 but remains in force in relation to certain claimants by virtue of S.I.2003/455. It was substituted by S.I. 2007/719.

(6)

S.I. 1996/207; relevant amending instruments are 2000/1978 and 2011/674.

(7)

Paragraph 16 was revoked by S.I. 2003/455 but remains in force in relation to certain claimants by virtue of S.I. 2003/455. It was substituted by S.I. 2007/719, relevant amending instrument is S.I. 2011/674.

(8)

Paragraph 20H was inserted by S.I. 2000/1978.

(9)

Paragraph 20I was inserted by S.I. 2000/1978.

(10)

S.I. 2002/1792.

(11)

S.I. 2006/213.

(12)

Relevant amending instruments are S.I. 2013/388 and S.I. 2013/591.

(13)

Relevant amending instrument is 2010/641.

(14)

S.I. 2006/214.

(15)

Relevant amending instruments are S.I. 2013/388 and S.I. 2013/591.

(16)

S.I. 2008/794.