Higher Pensioner PremiumE+W+S
10.—[(1) [Subject to sub-paragraph (6), the] condition is that—
(a)the claimant’s partner is aged not less than 80; or
(b)the claimant’s partner is aged less than 80 but [not less than the qualifying age for state pension credit] and either—
(i)the additional condition specified in [paragraph 12(1)(a), (c) [(d) or (e)]] is satisfied; or
(ii)the claimant was entitled to, or was treated as being in receipt of, income support and—
(aa)the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of [the day his partner attained the qualifying age for state pension credit]; and
(bb)he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained [the qualifying age for state pension credit].]
(3) For the purposes of this paragraph and paragraph 12—
(a)once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to [or treated as entitled to] income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;
(b)in so far as [sub-paragraph (1)(b)(ii) is] concerned, if a claimant ceases to be entitled to [or treated as entitled to] income support for a period not exceeding eight weeks which includes [the day his partner attained the qualifying age for state pension credit], he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.
[(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)... and (3)(b) to a period of 8 weeks shall be treated as references to a period of [104 weeks].]
[(5) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.]
[(6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.]
Textual Amendments
Modifications etc. (not altering text)
Commencement Information