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The Income Support (General) Regulations 1987

Changes over time for: SCHEDULE 2

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The Income Support (General) Regulations 1987, SCHEDULE 2 is up to date with all changes known to be in force on or before 03 December 2024. 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. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 2:

  • Regulations amendment to earlier affecting provision S.S.I. 2003/460, sch. Pt. 2 Table B by S.S.I. 2024/311 reg. 11

Regulations 17[F1(1)] and 18

SCHEDULE 2E+W+SAPPLICABLE AMOUNTS

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 2 applied (with modifications) (8.4.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(b), 24(2))

Regulations 17[F1(1)](a) and (b) and 18(a) (b) and (c)

PART IE+W+Spersonal allowances

[F21.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages)—E+W+S

(1)(2)
Person or CoupleAmount

(1)  Single claimant aged—

(1)   

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)£71.70;

(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;

(b)£71.70;

(c)less than 18 who satisfies the condition in paragraph 11(1)(a);

(c)£71.70;

(d)not less than 18 but less than 25;

(d)£71.70;

(e)not less than 25.

(e)£90.50.

(2) Lone parent aged—

(2)   

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)£71.70;

(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;

(b)£71.70;

(c)less than 18 who satisfies the condition in paragraph 11(1)(a);

(c)£71.70;

(d)not less than 18.

(d)£90.50.

(3)  Couple—

(3)   

(a)where both members are aged less than 18 and—

(i)at least one of them is treated as responsible for a child; or

(ii)had they not been members of a couple, each would have qualified for income support under regulation 4ZA or income-related employment and support allowance; or

(iii)the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

(iv)there is in force in respect of the claimant’s partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(a)£108.30;

(b)where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;

(b)£71.70;

(c)where both members are aged less than 18 and heads (a) and (b) do not apply;

(c) £71.70;

(d)where both members are aged not less than 18;

(d)£142.25;

(e)where one member is aged not less than 18 and the other member is a person under 18 who—

(i)qualifies for income support under regulation 4ZA or income-related employment and support allowance, or who would so qualify if he were not a member of a couple; or

(ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

(iii)is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(e)£142.25;

(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

(i)would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and

(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(f)£71.70;

(g)where the claimant is aged not less than 25 and his partner is a person under 18 who—

(i)would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and

(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).

(g) £90.50.]

Textual Amendments

F2Sch. 2 para. 1 table substituted (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(3)(a), Sch. 2

Modifications etc. (not altering text)

C5Sch. 2 para. 1: sums maintained (6.4.2016 to 5.4.2020) (16.3.2016) by Welfare Reform and Work Act 2016 (c. 7), s. 36(1)(b), Sch. 1 para. 1(a)

Commencement Information

I1Sch. 2 para. 1 in force at 11.4.1988, see reg. 1

[F31A.—(1) The circumstances referred to in paragraph 1 are that—E+W+S

(a)the person has no parents nor any person acting in the place of his parents;

(b)the person—

(i)is not living with his parents nor any person acting in the place of his parents; and

(ii)in England and Wales, was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his; or in Scotland, was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applied immediately before he attained the age of 16;

(c)the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

(i)as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

(ii)in order to avoid physical or sexual abuse; or

(iii)because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

(d)the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i)chronically sick or mentally or physically disabled; or

(ii)detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or

(iii)prohibited from entering or re-entering Great Britain; or

(e)the person of necessity has to live away from his parents and any person acting in the place of his parents because—

(i)he is estranged from his parents and that person; or

(ii)he is in physical or moral danger; or

(iii)there is a serious risk to his physical or mental health.

(2) In this paragraph—

(a)“chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);

(b)in England and Wales, any reference to a person acting in place of a person’s parents includes a reference to—

(i)where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or

(ii)in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act;

(c)in Scotland, any reference to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them.]

Textual Amendments

[F42.  [F5(1)The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).E+W+S

(1)(2)
Child or Young PersonAmount
Person in respect of the period—
(a)beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;(a)[F6£83.24]
(b)beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.(b)[F7£83.24].]

[F8(2) In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.]]

Textual Amendments

F4Sch. 2 para. 2 table substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(3), Sch. 2

F5Sch. 2 para. 2 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(a)

F6Sum in Sch. 2 para. 2(1)(a) substituted (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(3)(b)

F7Sum in Sch. 2 para. 2(1)(b) substituted (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(3)(b)

Commencement Information

I2Sch. 2 para. 2 in force at 11.4.1988, see reg. 1

F92A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Regulations 17[F1(1)](c) and 18(d)

PART IIE+W+Sfamily premium

3.—[F10[F11(1)] The weekly amount for the purposes of regulations 17[F1(1)](c) [F12and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be

[F13(a)where the claimant is a lone parent [F14to whom the conditions in both sub-paragraphs (2) and (3) apply] and no premium is applicable under paragraph 9, 9A, 10 or 11, [F15£19.15]

(b)in any other case,] [F16£19.15].

[F17(2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a)was both a lone parent and entitled to income support on 5th April 1998; or

(b)does not come within head (a) above but—

(i)was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

(ii)was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii)the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

(4) The appropriate date for the purposes of sub-paragraph (3) is—

(a)in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b)in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a)a lone parent; or

(b)entitled to income support; or

(c)both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

(6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.]

[F18(7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to 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.]]

Textual Amendments

F10Sch. 2 para. 3 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(a)

F11Sch. 2 para. 3(1): Sch. 2 para. 3 renumbered as Sch. 2 para. 3(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 12

F13Words in Sch. 2 Pt. II para. 3 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(2)

F15Sum in Sch. 2 para. 3(1)(a) substituted (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(4)(a)

F16Sum in Sch. 2 para. 3(1)(b) substituted (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(4)(b)

Commencement Information

I3Sch. 2 para. 3 in force at 11.4.1988, see reg. 1

Regulations 17[F1(1)](d) and 18(e)

PART IIIE+W+Spremiums

4.  Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17[F1(1)](d) [F19and 18(1)](e), be applicable to a claimant who satisfies the condition specified in [F20[F21paragraphs 9] [F21paragraphs 8A]] [F22to 14ZA] in respect of that premium.E+W+S

Textual Amendments

F20Words in Sch. 2 Pt. III para. 4 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(3)(a)

Commencement Information

I4Sch. 2 para. 4 in force at 11.4.1988, see reg. 1

5.  Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.E+W+S

Commencement Information

I5Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

[F236.—(1) Subject to sub-paragraph (2), the following premiums, namely—E+W+S

(a)a severe disability premium to which paragraph 13 applies;

(b)an enhanced disability premium to which paragraph 13A applies;

(c)[F24a disabled child premium to which paragraph 14 applies; and]

(d)a carer premium to which paragraph 14ZA applies,

may be applicable in addition to any other premium which may apply under this Schedule.

(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

(a)a pensioner premium under paragraph 9 or 9A; or

(b)a higher pensioner premium under paragraph 10.]

Textual Amendments

F24Sch. 2 para. 6(1)(c) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(a)

7.—[F25(1)] [F26Subject to sub-paragraph (2)] for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F27 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; F28...

(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F29Secretary of State F30...] under section 2 of the Employment and Training Act 1973 F31 [F32or by [F33Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F34or for any period during which he is in receipt of a training allowance] [F35and]

[F36(c)in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.]

[F37(2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of [F38carer’s allowance] by virtue of sub-paragraph (1)(a) [F39or carer support payment by virtue of sub-paragraph (1)(c)] only if and for so long as the person in respect of whose care the allowance [F40or payment] has been claimed remains in receipt of attendance allowance [F41, pension age disability payment] [F42, F43... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F44, the care component of child disability payment at the highest or middle rate prescribed in accordance with the regulation 11(5) of the DACYP Regulations] [F45or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F46, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F47or armed forces independence payment].]

Textual Amendments

F25 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))

F311973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

Commencement Information

I6Sch. 2 para. 7 in force at 11.4.1988, see reg. 1

Lone Parent PremiumE+W+S

F488.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48Sch. 2 Pt. III para. 8 omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(3)(b)

Bereavement PremiumE+W+S

F498A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pensioner premium for persons under 75E+W+S

[F509.  The condition is that the claimant has a partner aged [F51not less than the qualifying age for state pension credit] but less than 75.]

Textual Amendments

Pensioner premium for persons 75 and overE+W+S

[F529A.  The condition is that the claimant has a partner aged not less than 75 but less than 80.]

Textual Amendments

Higher Pensioner PremiumE+W+S

10.—[F53(1) [F54Subject 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 [F55not less than the qualifying age for state pension credit] and either—

(i)the additional condition specified in [F56paragraph 12(1)(a), (c) [F57(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 [F58the 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 [F59the 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 [F60or 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 [F61sub-paragraph (1)(b)(ii) is] concerned, if a claimant ceases to be entitled to [F60or treated as entitled to] income support for a period not exceeding eight weeks which includes [F62the 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.

[F63(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)F64... and (3)(b) to a period of 8 weeks shall be treated as references to a period of [F65104 weeks].]

[F66(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.]

[F67(6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.]

Textual Amendments

F54Words in Sch. 2 para. 10(1) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(b)(i)

F64Words in Sch. 2 para. 10(4) omitted (coming into force in accordance with reg. 1(7) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(7)(b)(ii)

F67Sch. 2 para. 10(6) inserted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(b)(iii)

Commencement Information

I7Sch. 2 para. 10 in force at 11.4.1988, see reg. 1

Disability PremiumE+W+S

11.—[F68(1)] [F69Subject to sub-paragraph (2), the] condition is that—

(a)where the claimant is a single claimant or a lone parent,F70... the additional condition specified in paragraph 12 is satisfied; or

(b)where the claimant has a partner, either—

[F71(i)the claimant satisfies the additional condition specified in [F72paragraph 12(1)(a), (b), (c) or (d)]; or]

(ii)his partner [F73has not attained the qualifying age for state pension credit] and the additional condition specified in [F74paragraph 12(1)(a), (c) [F75(d) or (e)]] is satisfied by his partner.

[F76(2) The condition is not satisfied if—

(a)the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b)the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c)the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i)a long-term patient; and

(ii)the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.]

Textual Amendments

F68Sch. 2 para. 11(1): Sch. 2 para. 11 renumbered as Sch. 2 para. 11(1) (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(i)

F69Words in Sch. 2 para. 11(1) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(ii)

F76Sch. 2 para. 11(2) inserted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(iii)

Commencement Information

I8Sch. 2 para. 11 in force at 11.4.1988, see reg. 1

Additional condition for the Higher Pensioner and Disability PremiumsE+W+S

12.—(1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

(a)the claimant or, as the case may be, his partner—

(i)is in receipt of one or more of the following benefits: attendance allowance [F77, pension age disability payment], [F78disability living allowance, [F79armed forces independence payment,] [F80personal independence payment,] [F81adult disability payment,] [F82the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002]], mobility supplement, [F83long-term incapacity benefit] under [F84Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act] [F85but, in the case of [F83long-term incapacity benefit] or severe disablement allowance only where it is paid in respect of him]; or

(ii)is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F86 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F87 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

[F88(iii)is certified as severely sight impaired or blind by a consultant ophthalmologist; or]

[F89(b) the claimant—

(i)is entitled to statutory sick pay or [F90is, or is treated as, incapable of work,] in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and

(ii)has been so entitled or so incapable[F91, or has been treated as so incapable,] for a continuous period of not less than—

(aa)196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or

(bb)[F92subject to [F93paragraph 2A] of Schedule 7,] 364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and]

[F94(c)the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act [F95or a state pension under Part 1 of the Pensions Act 2014] and—

(i)the claimant has since remained continuously entitled to income support;

(ii)the higher pensioner premium or disability premium has been applicable to the claimant; and

(iii)the partner is still alive;

(d)except where paragraph [F962A F97...] of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance [F98, disability living allowance [F99, personal independence payment or adult disability payment]] —

(i)but payment of that benefit has been suspended under the [F100Social Security (Attendance Allowance) Regulations 1991 [F101, the Social Security (Disability Living Allowance) Regulations 1991 or regulations made under section 86(1) (hospital in-patients) of the 2012 Act]] or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and

(ii)a higher pensioner premium or disability premium has been applicable to the claimant][F102; or

(e)except where paragraph 2A of Schedule 7 (patients) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of pension age disability payment—

(i)but no amount is payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024; and

(ii)a higher pensioner premium or disability premium has been applicable to the claimant.]

[F103(1A) In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of [F104104 weeks].]

[F105(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.]

F106(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purpose of [F107sub-paragraph (1)(c) and (d)], once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in [F107sub-paragraph (1)(c) and (d)].

[F108(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 [F109or for any period during which he is in receipt of a training allowance].]

[F110(6) For the purposes of [F111sub-paragraph (1)(a)(i) and (c)], a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.]

F112(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82Words in Sch. 2 para. 12(1)(a)(i) substituted (for specified purposes and with effect in accordance with reg. 1(5)(a) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(b)

F84Words in Sch. 2 para. 12(1)(a)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(2)

F85Words in Sch. 2 para. 12(1)(a)(i) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(i)

F861977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

F92Words in Sch. 2 Pt. III para. 12(1)(b)(ii)(bb) inserted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(3)(a)

F93Words in Sch. 2 para. 12(1)(b)(ii)(bb) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(d)(i)

F95Words in Sch. 2 para. 12(1)(c) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 8(3)

F96Words in Sch. 2 Pt. III para. 12(1)(d) substituted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(3)(b)

F97Words in Sch. 2 para. 12(1)(d) omitted (coming into force in accordance with reg. 1(7) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(d)(ii)

Modifications etc. (not altering text)

Commencement Information

I9Sch. 2 para. 12 in force at 11.4.1988, see reg. 1

Severe Disability PremiumE+W+S

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

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

(a)in the case of a single claimant [F113, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)]—

(i)he is in receipt of attendance allowance [F114, F115... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F116or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F117, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F118or armed forces independence payment], and

(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F119normally residing with him or with whom he is normally residing,] and

[F120(iii)no person is entitled to, and in receipt of, [F38a carer’s allowance] under section 70 of the Contributions and Benefits Act [F121or carer support payment] [F122or has an award of universal credit which includes the carer element] in respect of caring for him;]

(b)[F123in the case of a claimant who] has a partner—

(i)he is in receipt of attendance allowance [F124, pension age disability payment] [F125, F126... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F127or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F128, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F129or armed forces independence payment]; and

(ii)his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F130normally residing with him or with whom he is normally residing,]

and, either [F131a person is entitled to, and in receipt of, [F38a carer’s allowance] [F132or carer support payment] [F133or 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] [F134or payment] [F135or has such an award of universal credit] in respect of caring for either member of the couple or any partner of the polygamous marriage.

[F136(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is [F137severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.]

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

(a)a person receiving attendance allowance [F138, pension age disability payment] [F139, F140... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F141or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F142, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F143or armed forces independence payment]; or

F144(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)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 so joining the claimant or his partner was treated as a severely disabled person; [F145or

(d)a person who is [F146severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 12(1)(a)(iii) and (2).]

[F147(3A) For the purposes of sub-paragraph (2)(b) a person shall be treatedF148...—

(a)[F149as being in receipt of] attendance allowance[F150, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;]

[F151(b)as being entitled to and in receipt of [F38a carer’s allowance] [F152or carer support payment] [F153or having an award of universal credit which includes the carer element] if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt [F154of carer’s allowance [F152or carer support payment] or have such an award of universal credit];]

[F155(c)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt][F156;

(d)as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the [F157Disability Assistance for Working Age People (Scotland) Regulations 2022], if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;]

[F158(e)as being in receipt of pension age disability payment if they would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so in receipt.]

[F159(3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of [F38carer’s allowance] [F160, carer support payment] [F161or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F162the date on which the award is first paid].]

(4) Sub-paragraph (3)(c) shall 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.

[F163(5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of [F38a carer’s allowance] [F164or as having an award of universal credit which includes the carer element] shall include references to a person who would have been in receipt of that allowance [F165or had such an award] but for the application of a restriction under section [F1666B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F167(6) For the purposes of this paragraph, 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

F122Words in Sch. 2 para. 13(2)(a)(iii) 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), 14(2)

F133Words in Sch. 2 para. 13(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), 14(3)(a)

F135Words in Sch. 2 para. 13(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), 14(3)(b)

F137Words in Sch. 2 para. 13(2A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(2)(a)(ii)(aa)

F144Sch. 2 para. 13(3)(b) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(3)

F153Words in Sch. 2 para. 13(3A)(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), 14(4)(a)

F154Words in Sch. 2 para. 13(3A)(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), 14(4)(b)

F159Sch. 2 para. 13(3ZA) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(4)

F161Words in Sch. 2 para. 13(3ZA) 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), 14(5)

F162Words in Sch. 2 para. 13(3ZA) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(7)(e)

F164Words in Sch. 2 para. 13(5) 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), 14(6)(a)

F165Words in Sch. 2 para. 13(5) 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), 14(6)(b)

F167Sch. 2 para. 13(6) 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), 14(7)

Modifications etc. (not altering text)

Commencement Information

I10Sch. 2 para. 13 in force at 11.4.1988, see reg. 1

[F168Enhanced disability premiumE+W+S

13A.—[F169[F170(1) Subject to sub-paragraph (2), the condition is that—

(a)the claimant; or

(b)the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,

is a person to whom sub-paragraph (1ZA) applies.]

[F170(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a)armed forces independence payment is payable to that person;

(b)the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; F171...

[F172(ba)the care component of child disability payment is payable to that person at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations); F173...]

(c)the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that Act]][F174or

(d)the daily living component of adult disability payment is, or would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the [F175Disability Assistance for Working Age People (Scotland) Regulations 2022], be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations.]

[F176(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant [F177or partner] is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).]

[F178(2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a)a child or young person—

(i)whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(ii)who is a long-term patient;

(b)a single claimant or a lone parent and (in either case) is a long-term patient;

(c)a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d)a member of a couple or polygamous marriage who—

(i)is a long-term patient; and

(ii)is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.]]

Textual Amendments

F168Sch. 2 para. 13A inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(1)(c), 2(c)(ii)

F176Sch. 2 para. 13A(1A) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(5)(a)

F178Sch. 2 para. 13A(2) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(f)

Modifications etc. (not altering text)

C12Sch. 2 para. 13A(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(2)(b)

C13Sch. 2 para. 13A(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(i), 21(2)(b)

Disabled Child PremiumE+W+S

[F17914.—(1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a)in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; F180...

[F181(aa)in receipt of child disability payment;]

(b)[F182severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 12(1)(a)(iii) and (2)[F183; or

(c)a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death][F184; or

(d)a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt provided that the young person continues to be a member of the family][F185; or]

[F186(da)a young person who is in receipt of adult disability payment or who would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt provided that the young person continues to be a member of the family; or]

[F185(e)in receipt of armed forces independence payment.]

(2) The condition [F187in sub-paragraph (1)(a) [F188, (aa)] [F189, (b), (d) [F190, (da)] or (e)]] is not satisfied in respect of a child or young person—

(a)whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(b)who is a long-term patient.]

Textual Amendments

F179Sch. 2 para. 14 substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(g)

F180Word in Sch. 2 para. 14(1) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(5)(b)(i)

F182Words in Sch. 2 para. 14(1)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(2)(a)(iii)

F183Sch. 2 para. 14(1)(c) and word inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(5)(b)(ii)

F187Words in Sch. 2 para. 14(2) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(5)(b)(iii)

Modifications etc. (not altering text)

C14Sch. 2 para. 14(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(i), 21(2)(b)

C15Sch. 2 para. 14(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(2)(b)

[F191Carer premiumE+W+S

14ZA.—(1) [F192Subject to sub-paragraphs (3) and (4),] the condition is that the claimant or his partner is, or both of them are, [F193entitled to [F38a carer’s allowance] under section 70 of the Contributions and Benefits Act] [F194or carer support payment].

F195(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F196(3) Where a carer premium is awarded but—

(a)the person in respect of whose care the [F38carer’s allowance] [F197or carer support payment] has been awarded dies; or

(b)in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled F198...to [F38a carer’s allowance] [F197or carer support payment],

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be—

(a)[F199where sub-paragraph (3)(a) applies,] the Sunday following the death of the person in respect of whose care [F38a carer’s allowance] [F200or carer support payment] has been awarded or the date of death if the death occurred on a Sunday;

F201(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in any other case, the date on which the person who has been entitled to [F38a carer’s allowance] [F200or carer support payment] ceases to be entitled to that allowance [F202or payment].]

(4) Where a person who has been entitled to [F38a carer’s allowance] [F203or carer support payment] ceases to be entitled to that allowance [F204or payment] and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–

[F205(a)the person in respect of whose care the [F38carer’s allowance] [F203or carer support payment] has been awarded dies;

F206(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F207in any other case, the person who has been entitled to a carer’s allowance [F203or carer support payment] ceased to be entitled to that allowance [F204or payment].]]

Textual Amendments

[F208Persons in receipt of concessionary paymentsE+W+S

14A.  For the purpose of determining whether a premium is applicable to a person [F209under paragraphs 12 to 14ZA], any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.]

Textual Amendments

[F210Person in receipt of benefitE+W+S

14B.  For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.]

Textual Amendments

F210Sch. 2 para. 14B inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 17

[F211PART IVE+W+SWeekly amounts of premiums specified in part III

Textual Amendments

F211Sch. 2 Pt. 4 table substituted (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up Rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(5), Sch. 3

PremiumAmount

15.— 

(2)  Pensioner premium for persons to whom paragraph 9 applies.

(2) £190.70.

(2A)  Pensioner premium for persons to whom paragraph 9A applies.

(2A) £190.70.

(3) Higher pensioner premium for persons to whom paragraph 10 applies.

(3) £190.70.

(4) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 11(1)(a);

(4) (a) £42.50;

(b)where the claimant satisfies the condition in paragraph 11(1)(b).

(b)£60.60.

(5) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 13(2)(a);

(5) (a) £81.50;

(b)where the claimant satisfies the condition in paragraph 13(2)(b)—

(b)

(i)if there is someone in receipt of a carer’s allowance [F212or carer support payment,] or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

(i)£81.50;

(ii)if no-one is in receipt of such an allowance [F213or payment].

(ii)£163.00.

(6) Disabled Child Premium.

(6) £80.01 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(7) Carer Premium.

(7) £45.60 in respect of each person who satisfied the condition specified in paragraph 14ZA.

(8) Enhanced disability premium where the conditions in paragraph 13A are satisfied.

(8) (a) £32.20 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)£20.85 in respect of each person who is neither—

(i)a child or young person; nor

(ii)a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

(c)£29.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.]

Textual Amendments

PART VE+W+Srounding of fractions

16.  Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.E+W+S

Commencement Information

I11Sch. 2 para. 16 in force at 11.4.1988, see reg. 1

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