The Jobseeker’s Allowance Regulations 1996

Regulations 83 and 84(1)

SCHEDULE 1 APPLICABLE AMOUNTS

PART 1 PERSONAL ALLOWANCES

[F1 1.    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 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages)—

(1)				(2)
Person or Couple				Amount
(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 paragraph (2) of regulation 57 and who—			(b)	£71.70;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16;
(c)	less than 18 who satisfies the condition in paragraph 13(1)(a) of Part 3;			(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 paragraph (2) of regulation 57 and who—			(b)	£71.70;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16;
(c)	less than 18 who satisfies the condition in paragraph 13(1)(a) of Part 3;			(c)	£71.70;
(d)	not less than 18.			(d)	£90.50.
(3) Couple—				(3)
(a)	where both members are aged less than 18 and—			(a)	£108.30;
(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 been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied; or
(iii)		had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied and his partner satisfies the requirements for entitlement to income support or an income-related employment and support allowance other than the requirement to make a claim for it; or
(iv)		they are married or civil partners, and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or
(iva)		they are married or civil partners, and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or
(v)		there is a direction under section 16 (jobseeker’s allowance in cases of severe hardship) in respect of each member; or
(vi)		there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies; or
(vii)		there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support or an income-related employment and support allowance other than the requirement to make a claim for it;
(b)	where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either—			(b)	£71.70;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16 of the Act;
(c)	where both members are aged less than 18 and neither head (a) nor (b) applies but one member of the couple—			(c)	£71.70;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16;
(d)	where both members are aged less than 18 and none of heads (a), (b) or (c) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(1)(a);			(d)	£71.70;
(e)	where—			(e)	£142.25;
	(i)	both members are aged not less than 18; or
	(ii)	one member is aged not less than 18 and the other member is a person who is—
		(aa)	under 18, and
		(bb)	treated as responsible for a child;
(f)	where paragraph (e) does not apply and one member is aged not less than 18 and the other member is a person under 18 who—			(f)	£142.25;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16; or
(iii)		satisfies requirements for entitlement to income support or who would do so if he were not a member of a couple, other than the requirement to make a claim for it; or
(iv)		satisfies requirements for entitlement to an income-related employment and support allowance other than the requirement to make a claim for it;
(g)	where one member is aged not less than 18 but less than 25 and the other member is a person under 18—			(g)	£71.70;
(i)		to whom none of the regulations 59 to 61 applies; or
(ii)		who is not the subject of a direction under section 16; and
(iii)		does not satisfy requirements for entitlement to income support or an income-related employment and support allowance disregarding the requirement to make a claim for it;
(h)	where one member is aged not less than 25 and the other member is a person under 18—			(h)	£90.50.
(i)		to whom none of the regulations 59 to 61 applies; or
(ii)		who is not the subject of a direction under section 16; and
(iii)		does not satisfy requirements for entitlement to income support or an income-related employment and support allowance disregarding the requirement to make a claim for it.]

Textual Amendments

F1 Sch. 1 para. 1 table substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(3)(a), Sch. 8

Modifications etc. (not altering text)

C1 Sch. 1 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(e)

2.— [F2 [F3 (1)] The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall[F4 , for the relevant period specified in column (1),] be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

(1)	(2)
Child or Young Person	Amount
[F5 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 [F7 twentieth] birthday.]	(b) [F8 £83.24].

[F9 (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.]

The following Table is for transitional purposes only see SI 1997/543 Art. 24(4).

(1)	(2)
[F10 Child or Young Person	Amount
Person aged—
(a) less than 11;	(a) £16.45
(b) not less than 11 but less than 16;	(b) [F11 £24.75]
(c) not less than 16 but less than 18;	(c) [F12 £29.60]
(d) not less than 18.]	(d) [F13 £38.90]]

Textual Amendments

F2 Sch. 1 para. 2 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 20(a)

F3 Words in Sch. 1 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(2)(7)(b) (with reg. 10)

F4 Words in Sch. 1 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(3)(7)(b) (with reg. 10)

F5 Words in Sch. 1 para. 2(1) substituted (10.4.2000) by The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 1999 (S.I. 1999/2555), regs. 1(7)(a), 2(1)(b)(2)(d)

F6 Sum in Sch. 1 para. 2(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(3)(b)

F7 Word in Sch. 1 para. 2(1) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(b), 3(10)

F8 Sum in Sch. 1 para. 2(1)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(3)(b)

F9 Sch. 1 para. 2(2) inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(6)(7)(b) (with reg. 10)

F10 Words in Sch. 1 para. 2 substituted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(4)(7)(b) (with reg. 10)

F11 Sum in Sch. 1 para. 2(b) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(a)

F12 Sum in Sch. 1 para. 2(c) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(b)

F13 Sum in Sch. 1 para. 2(d) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(c)

F14 [F15 3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F14 Sch. 1 para. 3 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 9

F15 Sch. 1 Pt. IV table substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), arts. 1(3)(k), 27(5), Sch. 9

PART II FAMILY PREMIUM

4.— [F16 [F17 (1)] The weekly amount for the purposes of regulations 83(d) and 84(1)(e) in respect of a family of which at least one member is a child or young person shall be-

[F18 (a) where the claimant is a lone parent [F19 to whom the conditions in both sub-paragraphs (2) and (3) apply] and no premium is applicable under paragraph 10, F20 ... 12 or 13, [F21 £19.15].

(b) in any other case,] [F22 £19.15].

[F23 (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 an income-based jobseeker’s allowance on 5th April 1998; or

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

(i) was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;

(ii) was both a lone parent and entitled to an income-based jobseeker’s allowance 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 an income-based jobseeker’s allowance.

(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 an income-based jobseeker’s allowance; or

(c) both a lone parent and entitled to an income-based jobseeker’s allowance,

the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.

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

[F24 (7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).]]

Textual Amendments

F16 Sch. 1 para. 4 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 20(a)

F17 Sch. 1 para. 4(1): Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14

F18 Words in Sch. 1 Pt. II para. 4 inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(2)

F19 Words in Sch. 1 para. 4(1)(a) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(i)

F20 Word in Sch. 1 para. 4(1)(a) omitted (6.4.1998) by virtue of The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(ii)

F21 Sum in Sch. 1 para. 4(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(4)(a)

F22 Sum in Sch. 1 para. 4(1)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(4)(b)

F23 Sch. 1 para. 4(2)-(6) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(b)

F24 Sch. 1 para. 4(7) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(b)

PART III PREMIUMS

5.  Except as provided in paragraph 6, the weekly premiums specified in Part IV of this Schedule shall for the purposes of regulations 83(e) and 84(1)(f), be applicable to a claimant who satisfies the condition specified in [F25 paragraphs 10] to 17 in respect of that premium.

Textual Amendments

F25 Words in Sch. 1 Pt. III para. 5 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(3)(a)

6.  Subject to paragraph 7, 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.

[F26 7.— (1) Subject to sub-paragraph (2), the following premiums, namely—

(a) a severe disability premium to which paragraph 15 applies;

(b) an enhanced disability premium to which paragraph 15A applies;

(c) [F27 a disabled child premium to which paragraph 16 applies; and]

(d) a carer premium in which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this Part of 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 10 or 11; or

(b) a higher pensioner premium under paragraph 12.]

Textual Amendments

F26 Sch. 1 para. 7 substituted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(i)

F27 Sch. 1 para. 7(1)(c) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 20(a)

8.—(1) Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a 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 F28 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; F29 ...

[F30 (b) for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State F31 ... under section 2 of the Employment and Training Act 1973, or by [F32 Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance [F33 and]]

[F34 (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.]

(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of [F35 carer’s allowance] by virtue of sub-paragraph (1)(a) [F36 or 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 [F37 or payment] has been claimed remains in receipt of attendance allowance [F38 , pension age disability payment], [F39 the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F40 , the care component of child disability payment at the highest or middle rate prescribed in accordance with regulation 11(5) of the DACYP Regulations] [F41 , armed forces independence payment] [F42 ,] the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act] [F43 , or the daily living component of adult disability payment at the standard or enhanced rate prescribed in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022].

Textual Amendments

F28 S.I. 1979/597.

F29 Word in Sch. 1 para. 8(1)(a) omitted (19.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(a)(i)

F30 Sch. 1 para. 8(1)(b) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(11)(a)

F31 Words in Sch. 1 para. 8(1)(b) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(14)(c)

F32 Words in Sch. 1 para. 8(1)(b) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(h)

F33 Word in Sch. 1 para. 8(1)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(a)(ii)

F34 Sch. 1 para. 8(1)(c) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(a)(iii)

F35 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F36 Words in Sch. 1 para. 8(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(a)(iv)(aa)

F37 Words in Sch. 1 para. 8(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(a)(iv)(bb)

F38 Words in Sch. 1 para. 8(2) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(a)

F39 Words in Sch. 1 para. 8(2) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(a)

F40 Words in Sch. 1 para. 8(2) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 7(2)

F41 Words in Sch. 1 para. 8(2) 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. 10(7)(a)

F42 Sch. 1 para. 8(2): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(a)(i)

F43 Words in Sch. 1 para. 8(2) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(a)(ii)

Lone Parent Premium

F44 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Sch. 1 Pt. III para. 9 omitted (with effect in accordance with reg. 1(3) 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(b), 44(3)(b)

Bereavement Premium

F45 9A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 1 para. 9A revoked (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), reg. 1(1), Sch.

Pensioner premium for persons [F46 over the qualifying age for state pension credit]

10.  The condition is that the claimant—

(a) is a single claimant or lone parent who has attained [F47 the qualifying age for state pension credit]; or

(b) has attained [F47 the qualifying age for state pension credit] and has a partner; or

(c) has a partner and the partner has attained [F47 the qualifying age for state pension credit] but not the age of 75.

Textual Amendments

F46 Words in Sch. 1 para. 10 heading substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(a)

F47 Words in Sch. 1 para. 10 substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(b)

Pensioner premium where claimant’s partner has attained the age of 75

11.  The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.

Higher Pensioner Premium

12.—(1)  [F48 Subject to sub-paragraph (5), the] condition is that–

(a) the claimant is a single claimant or lone parent who has attained [F49 the qualifying age for state pension credit] and either—

(i) satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), [F50 (ca), (cb),] (e), (f) [F51 , (fa)] or (h); or

(ii) was entitled to either income support or income-based jobseeker’s allowance[F52 , or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been,] applicable to him in respect of a benefit week within 8 weeks of [F53 the date he attained the qualifying age for state pension credit] and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

(b) the claimant has a partner and–

(i) the partner has attained the age of 80; or

(ii) the partner has attained [F49 the qualifying age for state pension credit] but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him; or

(c) the claimant–

(i) has attained [F49 the qualifying age for state pension credit];

[F54 (ii) satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and]

(iii) has a partner.

(2) For the purposes of this paragraph and paragraph 14–

(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 either income support or income based jobseeker’s allowance, [F55 or ceases to be treated as entitled to either of those benefits] he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance [F55 or ceases to be treated as entitled to either of those benefits] for a period not exceeding eight weeks which includes [F56 the date he attained the qualifying age for state pension credit], he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

[F57 (3) In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “[F58 104 weeks]".]

[F59 (4) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to–

(a) income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

(b) a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).]

[F60 (5) 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) or (c) refers.]

Textual Amendments

F48 Words in Sch. 1 para. 12(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(i)

F49 Words in Sch. 1 para. 12(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(i)

F50 Words in Sch. 1 para. 12(1)(a)(i) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(a)(i)

F51 Word in Sch. 1 para. 12(1)(a)(i) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(a)(ii)

F52 Words in Sch. 1 para. 12(1)(a)(ii) substituted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(i)

F53 Words in Sch. 1 para. 12(1)(a)(ii) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(ii)

F54 Sch. 1 para. 12(1)(c)(ii) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(11)(b)

F55 Words in Sch. 1 para. 12(2)(a)(b) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(ii)

F56 Words in Sch. 1 para. 12(2)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(ii)

F57 Sch. 1 para. 12(3) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(3)

F58 Words in Sch. 1 para. 12(3) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 13(10)(a)

F59 Sch. 1 para. 12(4) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(iii)

F60 Sch. 1 para. 12(5) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(ii)

Disability Premium

13.— [F61 (1)] [F62 Subject to sub-paragraph (2), the] condition is that the claimant—

(a) is a single claimant or lone parent who has not attained [F63 the qualifying age for state pension credit] and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), [F64 (ca), (cb),] (e), (f) [F65 , (fa)] or (h); or

(b) has not attained [F63 the qualifying age for state pension credit], has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), [F66 (ca), (cb),] (e), (f) [F67 , (fa)] or (h); or

(c) has a partner and the partner has not attained [F63 the qualifying age for state pension credit] and also satisfies any one of the additional conditions specified in paragraph 14.

[F68 (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 polygamous marriage and a member of that couple or polygamous marriage—

(i) is a long-term patient; and

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

Textual Amendments

F61 Sch. 1 para. 13(1): Sch. 1 para. 13 renumbered to Sch. 1 para. 13(1) (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(c)(i)

F62 Words in Sch. 1 para. 13(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(c)(ii)

F63 Words in Sch. 1 para. 13(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(d)

F64 Words in Sch. 1 para. 13(1)(a) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(b)(i)(aa)

F65 Word in Sch. 1 para. 13(1)(a) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(b)(i)(bb)

F66 Words in Sch. 1 para. 13(1)(b) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(b)(ii)(aa)

F67 Word in Sch. 1 para. 13(1)(b) inserted (28.11.2018) by The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(2), 2(b)(ii)(bb)

F68 Sch. 1 para. 13(2) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(c)(iii)

Additional Conditions for Higher Pensioner and Disability Premium

14.—(1) The additional conditions specified in this paragraph are that

(a) the claimant or, as the case may be, his partner, is in receipt of [F69 the 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] or mobility supplement;

(b) the claimant’s partner is in receipt of severe disablement allowance;

(c) the claimant or, as the case may be, his partner, is in receipt of attendance allowance [F70 , pension age disability payment] or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

[F71 (ca) the claimant or, as the case may be, his partner, is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);]

[F72 (caa) the claimant or, as the case may be, the claimant’s partner, is in receipt of adult disability payment or is a person whose adult disability payment is payable, in whole or in part, to another in accordance with regulation 33 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (making payments);]

[F73 (cb) the claimant or, as the case may be, the claimant’s partner, is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

(d) the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long term rate of incapacity benefit payable to those who are terminally ill) applies F74 ;

(e) the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 F75 or under section 46 of the National Health Service (Scotland) Act 1978 F76 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 F77 , or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

(f) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

[F78 (fa) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);]

[F79 (fb) the claimant or, as the case may be, the claimant’s partner, is a person who is entitled to the mobility component of adult disability payment but to whom the component is not payable in accordance with regulation 34(6) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (amount and form of adult disability payment);]

(g) the claimant’s partner was either–

(i) in receipt of long term incapacity benefit under section 30A(5) of the Benefits Act F80 immediately before attaining pensionable age and he is still alive; F81 ...

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of [F82 the partner] becoming a patient within the meaning of regulation 85(4) (special cases)[F83 ; F84 ...

(iii) entitled to personal independence payment but no amount is payable in accordance with regulations made under section 86(1) (hospital in-patients) of the 2012 Act] [F85 ;F86 ...

(iv) entitled to adult disability payment but no amount is payable in accordance with 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][F87 or

(v) entitled to pension age disability payment 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 [F88 in any of the cases described in sub-paragraphs (i) to [F89 (v)],] the higher pensioner premium or disability premium had been applicable to the claimant or his partner;

[F90 (h) the claimant or, as the case may be, his partner, is certified as severely sight impaired or blind by a consultant ophthalmologist.]

[F91 (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.]

Textual Amendments

F69 Words in Sch. 1 para. 14(1)(a) substituted (for specified purposes and with effect in accordance with reg. 1(9) 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. 2 para. 20(b)

F70 Words in Sch. 1 para. 14(1)(c) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(b)(i)

F71 Sch. 1 para. 14(1)(ca) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(b)(i)

F72 Sch. 1 para. 14(1)(caa) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(b)

F73 Sch. 1 para. 14(1)(cb) 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. 10(7)(b)

F74 Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18) section 2(1).

F75 1977 c.49.

F76 1978 c.29.

F77 S.I. 1972/1265 (N.I. 14).

F78 Sch. 1 para. 14(1)(fa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(b)(ii)

F79 Sch. 1 para. 14(1)(fb) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(c)

F80 Section 30A was inserted by the Social Security (Incapacity for Work)and) Act 1994 section 1(1).

F81 Word in Sch. 1 para. 14(1)(g)(i) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(b)(iii)

F82 Words in Sch. 1 para. 14(1)(g)(ii) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F83 Sch. 1 para. 14(1)(g)(iii) 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. 16(7)(b)(iv)

F84 Word in Sch. 1 para. 14(1)(g)(ii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(d)

F85 Sch. 1 para. 14(1)(g)(iv) and word inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(e)

F86 Word in Sch. 1 para. 14(1)(g)(iii) omitted (21.10.2024) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(b)(ii)

F87 Sch. 1 para. 14(1)(g)(v) and word inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(b)(iii)

F88 Words in Sch. 1 para. 14(1)(g) substituted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(f)

F89 Word in Sch. 1 para. 14(1)(g) substituted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(b)(iv)

F90 Sch. 1 para. 14(1)(h) 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(3)(a)(i)(aa)

F91 Sch. 1 para. 14(2) 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(3)(a)(i)(bb)

Severe Disability Premium

15.—(1) In the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3), the condition is that—

(a) he is in receipt of attendance allowance [F92 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F93 , armed forces independence payment] [F94 ,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F95 , or 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]; and

(b) subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

[F96 (c) no person is entitled to, and in receipt of, [F35 a] [F35 carer’s allowance] under section 70 of the Benefits Act [F97 or carer support payment] [F98 or has an award of universal credit which includes the carer element] in respect of caring for him;]

(2) Where the claimant has a partner, the condition is that–

(a) the claimant is in receipt of attendance allowance [F99 , pension age disability payment] [F100 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F101 , armed forces independence payment] [F102 ,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F103 , or 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] (the “qualifying benefit"); and

(b) the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

(c) subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing; and

(d) either–

(i) [F104 no person is entitled to, and in receipt of, [F35 a] [F35 carer’s allowance] under section 70 of the Benefits Act [F105 or carer support payment] [F106 or has an award of universal credit which includes the carer element] in respect of] caring for either member of the couple or all the members of the polygamous marriage; or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is [F107 entitled to ] [F35 a] [F35 carer’s allowance] under section 70 of the Benefits Act [F105 or carer support payment] [F106 or has an award of universal credit which includes the carer element].

(3) Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is [F108 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(l)(h) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) The following persons shall not be regarded as a non-dependant for the purposes of sub-paragraphs (l)(b) and (2)(c)—

(a) a person in receipt of attendance allowance [F109 , pension age disability payment] [F110 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F111 , armed forces independence payment] [F112 ,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F113 , or the daily living component of adult disability payment at the standard or enhanced rate prescribed in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022];

(b) subject to sub-paragraph (6), 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 satisfied the condition in sub-paragraph (l) or, as the case may be, (2);

(c) a person who is [F114 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(l)(h) and (2).

(5) For the purposes of sub-paragraph (2), a person shall be treated F115 ...—

(a) [F116 as being in receipt of] attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

[F117 (aa) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt;]

[F118 (ab) 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 Disability 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;]

[F119 (ac) 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;]

[F120 (b) as being entitled to and in receipt of [F35 a] [F35 carer’s allowance] [F121 or carer support payment] [F122 or 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 [F123 of carer’s allowance [F121 or carer support payment] or have such an award of universal credit].]

(6) Sub-paragraph (4)(b) 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.

(7) For the purposes of sub-paragraph (1)(c) and (2)(d), no account shall be taken of an award of [F35 carer’s allowance] [F124 , carer support payment] [F125 or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F126 the date on which the award is first paid].

(8) A person shall be treated as satisfying this condition if he would have satisfied the condition specified for a severe disability premium in income support in paragraph 13 of Schedule 2 to the Income Support Regulations by virtue only of regulations 4 to 6 of the Income Support (General) Amendment (No.6) Regulations 1991 F127 (savings provisions in relation to severe disability premium) and for the purposes of determining whether in the particular case regulation 4 of those Regulations had ceased to apply in accordance with regulation 5(2)(a) of those Regulations, a person who is entitled to an income-based jobseeker’s allowance shall be treated as entitled to income support.

[F128 (9) In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of [F35 a] [F35 carer’s allowance] [F129 or 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 [F130 or had such an award] but for the application of a restriction under section [F131 6B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F132 (10) 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

F35 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F92 Words in Sch. 1 para. 15(1)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(i)

F93 Words in Sch. 1 para. 15(1)(a) 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. 10(7)(c)(i)

F94 Sch. 1 para. 15(1)(a): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(g)(i)

F95 Words in Sch. 1 para. 15(1)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(g)(ii)

F96 Sch. 1 para. 15(1)(c) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(i)

F97 Words in Sch. 1 para. 15(1)(c) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(b)(i)

F98 Words in Sch. 1 para. 15(1)(c) 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), 15(2)(a)

F99 Words in Sch. 1 para. 15(2)(a) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(c)(i)

F100 Words in Sch. 1 para. 15(2)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(ii)

F101 Words in Sch. 1 para. 15(2)(a) 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. 10(7)(c)(ii)

F102 Sch. 1 para. 15(2)(a): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(h)(i)

F103 Words in Sch. 1 para. 15(2)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(h)(ii)

F104 Words in Sch. 1 para. 15(2)(d)(i) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(ii)(aa)

F105 Words in Sch. 1 para. 15(2)(d) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(b)(ii)

F106 Words in Sch. 1 para. 15(2)(d) 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), 15(2)(b)

F107 Words in Sch. 1 para. 15(2)(d)(ii) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(ii)(bb)

F108 Words in Sch. 1 para. 15(3) 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(3)(a)(ii)(aa)

F109 Words in Sch. 1 para. 15(4)(a) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(c)(i)

F110 Words in Sch. 1 para. 15(4)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(iii)

F111 Words in Sch. 1 para. 15(4)(a) 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. 10(7)(c)(iii)

F112 Sch. 1 para. 15(4)(a): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(i)

F113 Words in Sch. 1 para. 15(4)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(i)(ii)

F114 Words in Sch. 1 para. 15(4)(c) 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(3)(a)(ii)(bb)

F115 Words in Sch. 1 para. 15(5) omitted (3.4.2000) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(iii)(aa)

F116 Words in Sch. 1 para. 15(5)(a) inserted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(iii)(bb)

F117 Sch. 1 para. 15(5)(aa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(iv)

F118 Sch. 1 para. 15(5)(ab) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(j)

F119 Sch. 1 para. 15(5)(ac) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(c)(ii)

F120 Sch. 1 para. 15(5)(b) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(iii)(cc)

F121 Words in Sch. 1 para. 15(5)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(b)(iii)

F122 Words in Sch. 1 para. 15(5)(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), 15(2)(c)(i)

F123 Words in Sch. 1 para. 15(5)(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), 15(2)(c)(ii)

F124 Words in Sch. 1 para. 15(7) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(b)(iv)

F125 Words in Sch. 1 para. 15(7) 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), 15(2)(d)

F126 Words in Sch. 1 para. 15(7) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(8)(d)

F127 S.I. 1991/2334.

F128 Sch. 1 para. 15(9) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 2(2)(a)

F129 Words in Sch. 1 para. 15(9) 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), 15(2)(e)(i)

F130 Words in Sch. 1 para. 15(9) 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), 15(2)(e)(ii)

F131 Words in Sch. 1 para. 15(9) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 11(3)(a)

F132 Sch. 1 para. 15(10) 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), 15(2)(f)

[F133 Enhanced disability premium

15A.— [F134 (1) Subject to sub-paragraph (2), the condition is that—

(a) the claimant; or

(b) the claimant’s partner (if any),

is a person who has not attained the qualifying age for state pension credit and is a person to whom sub-paragraph (1ZA) applies.

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

(a) 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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of the Benefits Act; or

[F135 (aa) the care component of child disability payment is payable to that person at the highest rate in accordance with regulation 11(5) of the DACYP Regulations; or]

(b) the daily living component of personal independence payment is, or would, but for a suspension of benefits in accordance with regulations 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 the 2012 Act[F136 ; or

[F137 (ba) the daily living component of adult disability payment is, or would, but 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 payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations]

(c) armed forces independence payment is payable to that person.]]

[F138 (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 [F139 or partner] is entitled to child benefit in respect of that person under section 145A of the Benefits Act (entitlement after death of child or qualifying young person).]

[F140 (2) The condition is not satisfied where the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(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 is—

(i) a long-term patient; and

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

Textual Amendments

F133 Sch. 1 para. 15A inserted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(ii)

F134 Sch. 1 para. 15A(1)(1ZA) substituted for Sch. 1 para. 15A(1) (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(d)

F135 Sch. 1 para. 15A(1ZA)(aa) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 7(3)

F136 Sch. 1 para. 15A(1), (1ZA)(c) and word 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. 10(7)(d)

F137 Sch. 1 para. 15A(1ZA)(ba) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(k)

F138 Sch. 1 para. 15A(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. 7(6)(a)

F139 Words in Sch. 1 para. 15A(1A) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(12)

F140 Sch. 1 para. 15A(2) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(e)

Modifications etc. (not altering text)

C2 Sch. 1 para. 15A(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 2024 (S.I. 2024/242), arts. 1(3)(i), 26(2)(b)

[F141 Disabled Child Premium

16.— (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; F142 ...

[F143 (aza) in receipt of child disability payment;]

[F144 (aa) 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;]

[F145 (ab) a young person who is in receipt of armed forces independence payment;]

[F146 (ac) 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;]

(b) [F147 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(1)(h) and (2)[F148 ; or

(c) a child or young person in respect of whom section 145A of the 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.]

(2) The condition [F149 in sub-paragraph (1)(a) [F150 , (aza)] [F151 , (aa)] [F152 , (ab)] [F153 , (ac)] or (b)] is not satisfied in respect of a child or young person—

(a) whose capital, if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

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

Textual Amendments

F141 Sch. 1 para. 16 substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(f)

F142 Word in Sch. 1 para. 16(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. 7(6)(b)(i)

F143 Sch. 1 para. 16(1)(aza) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 7(4)(a)

F144 Sch. 1 para. 16(1)(aa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(e)(i)

F145 Sch. 1 para. 16(1)(ab) 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. 10(7)(e)(i)

F146 Sch. 1 para. 16(1)(ac) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(l)

F147 Words in Sch. 1 para. 16(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(3)(a)(iii)

F148 Sch. 1 para. 16(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. 7(6)(b)(ii)

F149 Words in Sch. 1 para. 16(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. 7(6)(b)(iii)

F150 Word in Sch. 1 para. 16(2) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 7(4)(b)

F151 Words in Sch. 1 para. 16(2) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(e)(ii)

F152 Word in Sch. 1 para. 16(2) 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. 10(7)(e)(ii)

F153 Word in Sch. 1 para. 16(2) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(m)

Modifications etc. (not altering text)

C3 Sch. 1 para. 16(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 2024 (S.I. 2024/242), arts. 1(3)(i), 26(2)(b)

Carer Premium

17.—(1) Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, [F154 entitled to] [F35 carer’s allowance] under section 70 of the Benefits Act [F155 or carer support payment].

F156 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F157 (3) Where a carer premium is awarded but—

(a) the person in respect of whose care the [F35 carer’s allowance] [F158 or 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 entitledF159 ... to [F35 a] [F35 carer’s allowance] [F158 or 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) [F160 where sub-paragraph (3)(a) applies,] the Sunday following the death of the person in respect of whose care [F35 a] [F35 carer’s allowance] [F161 or carer support payment] has been awarded or the date of death if the death occurred on a Sunday;

F162 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in any other case, the date on which the person who has been entitled to [F35 a] [F35 carer’s allowance] [F161 or carer support payment] ceases to be entitled to that allowance [F163 or payment].]

[F164 (4) Where a person who has been entitled to an [F35 carer’s allowance] [F165 or carer support payment] ceases to be entitled to that allowance [F166 or payment] and makes a claim for a jobseeker’s allowance, 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–]

[F167 (a) the person in respect of whose care the [F35 carer’s allowance] [F165 or carer support payment] has been awarded dies;

F168 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F169 in any other case, the person who has been entitled to a carer’s allowance [F165 or carer support payment] ceased to be entitled to that allowance [F166 or payment].]]

Textual Amendments

F35 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F154 Words in Sch. 1 para. 17(1) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(i)

F155 Words in Sch. 1 para. 17(1) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(c)(i)

F156 Sch. 1 para. 17(2) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(i)

F157 Sch. 1 para. 17(3), (3A) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(1)(a)

F158 Words in Sch. 1 para. 17(3) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(c)(ii)

F159 Words in Sch. 1 para. 17(3)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(ii)

F160 Words in Sch. 1 para. 17(3A)(a) inserted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iii)(aa)

F161 Words in Sch. 1 para. 17(3A) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(c)(iii)(aa)

F162 Sch. 1 para. 17(3A)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iii)(bb)

F163 Words in Sch. 1 para. 17(3A) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(c)(iii)(bb)

F164 Sch. 1 para. 17(3)(4) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(iii)

F165 Words in Sch. 1 para. 17(4) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(c)(iv)(aa)

F166 Words in Sch. 1 para. 17(4) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(c)(iv)(bb)

F167 Sch. 1 para. 17(4)(a)-(c) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(1)(b)

F168 Sch. 1 para. 17(4)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iv)(aa)

F169 Sch. 1 para. 17(4)(c) substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iv)(bb)

Persons in receipt of concessionary payments

18.  For the purpose of determining whether a premium is applicable to a person under paragraphs 14 to 17, 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.

Person in receipt of benefit

19.  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.

[F170 PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Textual Amendments

F170 Sch. 1 Pt. IV table substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(5), Sch. 9

Premium			Amount
20.—(2)  Pensioner premium for persons who have attained the qualifying age for state pension credit—			(2)
(a)	where the claimant satisfies the condition in paragraph 10(a);		(a)		£127.65;
(b)	where the claimant satisfies the condition in paragraph 10(b);		(b)		£190.70;
(c)	where the claimant satisfies the condition in paragraph 10(c).		(c)		£190.70.
(3) Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.			(3) £190.70.
4) Higher Pensioner Premium—			(4)
(a)	where the claimant satisfies the condition in paragraph 12(1)(a);		(a)		£127.65;
(b)	where the claimant satisfies the condition in paragraph 12(1)(b) or (c).		(b)		£190.70.
(5)  Disability Premium—			(5)
(a)	where the claimant satisfies the condition in paragraph 13(1)(a);		(a)		£42.50;
(b)	where the claimant satisfies the condition in paragraph 13(1)(b) or (c).		(b)		£60.60.
(6) Severe Disability Premium—			(6)
(a)	where the claimant satisfies the condition in paragraph 15(1);		(a)		£81.50;
(b)	where the claimant satisfies the condition in paragraph 15(2)—		(b)
(i)		if there is someone in receipt of a carer's allowance [F171 or carer support payment] or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);	(i)				£81.50;
(ii)		if no-one is in receipt of such an allowance [F172 or payment].	(ii)				£163.00.
(7) Disabled Child Premium.			(7) £80.01 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
(8) Carer Premium.			(8) £45.60 in respect of each person who satisfied the condition specified in paragraph 17.
(9)  Enhanced disability premium where the conditions in paragraph 15A are satisfied.			(9)
			(a)	£32.20 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A 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 15A are satisfied;
			(c)	£29.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.]

Textual Amendments

F171 Words in Sch. 1 para. 20(6)(b)(i) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(d)(i)

F172 Words in Sch. 1 para. 20(6)(b)(ii) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(d)(ii)

[F173 PART IVA PREMIUMS FOR JOINT-CLAIM COUPLES

Textual Amendments

F173 Sch. 1 Pts. 4A-4B inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 53(4)

20A.   Except as provided in paragraph 20B, the weekly premium specified in Part IVB of this Schedule shall, for the purposes of regulations 86A(c) and 86B(d), be applicable to a joint-claim couple where either or both members of a joint-claim couple satisfy the condition specified in paragraphs 20E to 20J in respect of that premium.

20B.   Subject to paragraph 20C, where a member of a joint-claim couple satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to the joint-claim couple in respect of that member and, if they are different amounts, the higher or highest amount shall apply.

[F174 20C.— (1) Subject to sub-paragraph (2), the following premiums, namely—

(a) a severe disability premium to which paragraph 20I applies;

(b) an enhanced disability premium to which paragraph 20IA applies; and

(c) a carer premium to which paragraph 20J applies,

may be applicable in addition to any other premium which may apply under this Part of 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 20E; or

(b) a higher pensioner premium under paragraph 20F.]

Textual Amendments

F174 Sch. 1 para. 20C substituted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(iv)

20D.— (1) Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a joint-claim couple 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 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; F175 ...

(b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by [F176 Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990, or for any period during which he is in receipt of a training allowance [F177 and]

[F178 (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.]

(2) For the purposes of the carer premium under paragraph 20J, a person shall be treated as being in receipt of [F35 carer’s allowance] by virtue of sub-paragraph (1)(a) [F179 or 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 [F180 or payment] has been claimed remains in receipt of attendance allowance [F181 , pension age disability payment], [F182 the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act, [F183 or the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F184 , 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] [F185 or armed forces independence payment].

Textual Amendments

F35 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F175 Word in Sch. 1 para. 20D(1)(a) omitted (19.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(e)(i)

F176 Words in Sch. 1 para. 20D(1)(b) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(h)

F177 Word in Sch. 1 para. 20D(1)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(e)(ii)

F178 Sch. 1 para. 20D(1)(c) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(e)(iii)

F179 Words in Sch. 1 para. 20D(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(e)(iv)(aa)

F180 Words in Sch. 1 para. 20D(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(e)(iv)(bb)

F181 Words in Sch. 1 para. 20D(2) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(7)(d)

F182 Words in Sch. 1 para. 20D(2) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(f)

F183 Words in Sch. 1 para. 20D(2) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 8(2)

F184 Words in Sch. 1 para. 20D(2) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(n)

F185 Words in Sch. 1 para. 20D(2) 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. 10(7)(f)

Pensioner premium where one member of a joint-claim couple has attained [F186 the qualifying age for state pension credit]

20E.   The condition is that one member of a joint-claim couple has attained [F187 the qualifying age for state pension credit] but not the age of 75.

Textual Amendments

F186 Words in Sch. 1 para. 20E heading substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(a)

F187 Words in Sch. 1 para. 20E substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(b)

Higher Pensioner Premium

20F.— (1) [F188 Subject to sub-paragraph (5), the] condition is that one member of a joint-claim couple—

(a) has attained [F189 the qualifying age for state pension credit] but not the age of 80, and either the additional conditions specified in paragraph 20H are satisfied in respect of him; or

(b) has attained [F190 the qualifying age for state pension credit] and—

(i) was entitled to or was treated as entitled to either income support or an income-based jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to him in respect of a benefit week within 8 weeks of [F191 the date he attained the qualifying age for state pension credit] and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

(ii) was a member of a joint-claim couple who had been entitled to, or who had been treated as entitled to, a joint-claim jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to that couple in respect of a benefit week within 8 weeks of [F192 the date either member of that couple attained the qualifying age for state pension credit] and the couple have, subject to that sub-paragraph (2), remained continuously entitled to a joint-claim jobseeker’s allowance since that member attained that age.

(2) For the purpose of this paragraph and paragraph 20H—

(a) once the higher pensioner premium is applicable to a joint-claim couple, if that member then ceases, for a period of eight weeks or less, to be entitled or treated as entitled to either income support or income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance, he shall or, as the case may be, that couple shall, on becoming re-entitled to any of those benefits, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraph (1)(b)(i) or (ii) is concerned, if a member of a joint-claim couple ceases to be entitled or treated as entitled to either income support or an income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance for a period not exceeding eight weeks which includes [F193 the date either member of that couple attained the qualifying age for state pension credit], he shall or, as the case may be, the couple shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

(3) In this paragraph, where a member of a joint-claim couple is a welfare to work beneficiary, sub-paragraphs (1)(b)(i) and (2)(b) shall apply to him as if for the words “8 weeks” there were substituted the words “[F194 104 weeks]”.

(4) For the purposes of this paragraph, a member of a joint-claim couple shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance or the couple of which he is a member shall be treated as having been entitled to a joint-claim jobseeker’s allowance throughout any period which comprises only days on which a member was participating in an employment zone scheme and was not entitled to—

(a) income support because, as a consequence of his participation in that scheme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

(b) a jobseeker’s allowance because, as a consequence of his participation in that scheme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or the couple of which he was a member failed to satisfy the condition in section 3A(1)(a).

[F195 (5) The condition is not satisfied if the member of the joint-claim couple to whom sub-paragraph (1) refers is a long-term patient.]

Textual Amendments

F188 Words in Sch. 1 para. 20F(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(h)(i)

F189 Words in Sch. 1 para. 20F(1)(a) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(i)

F190 Words in Sch. 1 para. 20F(1)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(i)

F191 Words in Sch. 1 para. 20F(1)(b)(i) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(ii)

F192 Words in Sch. 1 para. 20F(1)(b)(ii) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(iii)

F193 Words in Sch. 1 para. 20F(2)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(iii)

F194 Words in Sch. 1 para. 20F(3) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 13(10)(a)

F195 Sch. 1 para. 20F(5) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(h)(ii)

[F196 Disability Premium

20G.— (1) Subject to sub-paragraph (2), the condition is that a member of a joint-claim couple has not attained [F197 the qualifying age for state pension credit] and satisfies any one of the additional conditions specified in paragraph 20H.

(2) The condition is not satisfied if—

(a) paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b) paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.]

Textual Amendments

F196 Sch. 1 para. 20G substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(i)

F197 Words in Sch. 1 para. 20G(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(d)

Additional Conditions for Higher Pensioner and Disability Premium

20H.— (1) The additional conditions specified in this paragraph are that a member of a joint-claim couple—

(a) is in receipt of [F198 the 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] or mobility supplement;

(b) is in receipt of severe disablement allowance;

(c) is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

[F199 (ca) is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);]

[F200 (caa) is in receipt of adult disability payment or is a person whose adult disability payment is payable, in whole or in part, to another in accordance with regulation 33 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (making payments);]

[F201 (cb) is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

(d) is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long-term rate of incapacity benefit payable to those who are terminally ill) applies;

(e) has been entitled to statutory sick pay, has been incapable of work or has been treated as incapable of work for a continuous period of not less than—

(i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of section 30B(4) of the Benefits Act; or

(ii) 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;

[F202 (ee) has had limited capability for work or has been treated as having limited capability for work for a continuous period of not less than—

(i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations; or

(ii) 364 days in any other case,

and for these purposes any two or more periods of limited capability for work separated by a break of not more than 12 weeks is to be treated as one continuous period;]

(f) has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

(g) is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

[F203 (ga) is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);]

[F204 (gb) is a person who is entitled to the mobility component of adult disability payment but to whom the component is not payable in accordance with regulation 34(6) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (amount and form of adult disability payment);]

(h) was either—

(i) in receipt of long-term incapacity benefit under section 30A(5) of the Benefits Act immediately before attaining pensionable age and he is still alive; or

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of either member of the joint-claim couple becoming a patient within the meaning of regulation 85(4) (special cases) F205 [F206 ...

(iii) entitled to personal independence payment but no amount is payable in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act,] [F207 or

(iv) entitled to adult disability payment but no amount is payable in accordance with 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,]

and [F208 in any of the cases described in paragraphs (i) to (iv)], the higher pensioner premium or disability premium had been applicable to the joint-claim couple; or

[F209 (i) is certified as severely sight impaired or blind by a consultant ophthalmologist.]

F210 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F211 (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.]

Textual Amendments

F198 Words in Sch. 1 para. 20H(1)(a) substituted (for specified purposes and with effect in accordance with reg. 1(9) 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. 2 para. 20(e)

F199 Sch. 1 para. 20H(1)(ca) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(g)(i)

F200 Sch. 1 para. 20H(1)(caa) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(o)

F201 Sch. 1 para. 20H(1)(cb) 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. 10(7)(g)

F202 Sch. 1 para. 20H(1)(ee) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(24)(e)

F203 Sch. 1 para. 20H(1)(ga) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(g)(ii)

F204 Sch. 1 para. 20H(1)(gb) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(p)

F205 Word in Sch. 1 para. 20H(1)(h)(ii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(q)

F206 Sch. 1 para. 20H(1)(h)(iii) 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. 16(7)(g)(iii)

F207 Sch. 1 para. 20H(1)(h)(iv) and word inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(r)

F208 Words in Sch. 1 para. 20H(1)(h) substituted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(s)

F209 Sch. 1 para. 20H(1)(i) 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(3)(a)(iv)(aa)

F210 Sch. 1 para. 20H(2) omitted (31.1.2011) by SI 2010/1907 Sch. 4 para. 1A(3) (as inserted by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(3), 19(2))

F211 Sch. 1 para. 20H(3) 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(3)(a)(iv)(bb)

Severe Disability Premium

20I.— (1) The condition is that—

(a) a member of a joint-claim couple is in receipt of attendance allowance [F212 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F213 , armed forces independence payment] [F214 ,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F215 , or 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] (“the qualifying benefits”); and

(b) the other member 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 of a qualifying benefit; and

(c) subject to sub-paragraph (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing; and

(d) either—

(i) no person is entitled to, and in receipt of, [F35 a] [F35 carer’s allowance] under section 70 of the Benefits Act [F216 or carer support payment] [F217 or has an award of universal credit which includes the carer element] in respect of caring for either member or the couple or all the members of the polygamous marriage; or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is entitled to [F35 a] [F35 carer’s allowance] under section 70 of the Benefits Act [F218 or carer support payment] [F217 or has an award of universal credit which includes the carer element].

(2) Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is [F219 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 20H(1)(i) and (2), that member shall be treated for the purposes of sub-paragraph (1) as if he were not a member of the couple.

(3) The following persons shall not be regarded as non-dependant for the purposes of sub-paragraph (1)(c)—

(a) a person in receipt of attendance allowance [F220 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F221 , armed forces independence payment] [F222 ,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F223 , or 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];

(b) subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1);

(c) a person who is [F224 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 20H(1)(i) and (2).

(4) For the purposes of sub-paragraph (1), a member of a joint-claim couple shall be treated—

(a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) as being entitled to and in receipt of [F35 a] [F35 carer’s allowance] [F225 or carer support payment] [F226 or 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 [F227 of carer’s allowance [F225 or carer support payment] or have such an award of universal credit].

[F228 (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 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt][F229 ;

(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 [F230 Disability Assistance for Working Age People (Scotland) Regulations 2022], if he would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt.]

(5) Sub-paragraph (3)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple’s household.

(6) For the purposes of sub-paragraph (1)(d), no account shall be taken of an award of [F35 carer’s allowance] [F231 , carer support payment] [F232 or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F233 the date on which the award is first paid].

[F234 (7) In sub-paragraph (1)(d), the reference to a person being in receipt of [F35 a] [F35 carer’s allowance] [F235 or carer support payment] [F236 or as having an award of universal credit which includes the carer element] shall include a reference to a person who would have been in receipt of that allowance [F237 or had such an award] but for the application of a restriction under section [F238 6B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F239 (8) 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

F35 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F212 Words in Sch. 1 para. 20I(1)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(i)

F213 Words in Sch. 1 para. 20I(1)(a) 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. 10(7)(h)(i)

F214 Sch. 1 para. 20I(1)(a): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(t)(i)

F215 Words in Sch. 1 para. 20I(1)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(t)(ii)

F216 Words in Sch. 1 para. 20I(1)(d)(i) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(f)(i)

F217 Words in Sch. 1 para. 20I(1)(d) 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), 15(3)(a)

F218 Words in Sch. 1 para. 20I(1)(d)(ii) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(f)(i)

F219 Words in Sch. 1 para. 20I(2) 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(3)(a)(v)(aa)

F220 Words in Sch. 1 para. 20I(3)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(ii)

F221 Words in Sch. 1 para. 20I(3)(a) 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. 10(7)(h)(ii)

F222 Sch. 1 para. 20I(3)(a): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(u)(i)

F223 Words in Sch. 1 para. 20I(3)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(u)(ii)

F224 Words in Sch. 1 para. 20I(3)(c) 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(3)(a)(v)(bb)

F225 Words in Sch. 1 para. 20I(4)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(f)(ii)

F226 Words in Sch. 1 para. 20I(4)(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), 15(3)(b)(i)

F227 Words in Sch. 1 para. 20I(4)(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), 15(3)(b)(ii)

F228 Sch. 1 para. 20I(4)(c) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(iii)

F229 Sch. 1 para. 20I(4)(d) and semi-colon inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(v)

F230 Words in Sch. 1 para. 20I(4)(d) substituted (6.6.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022 (S.I. 2022/530), arts. 1(2), 3(2)(a)

F231 Words in Sch. 1 para. 20I(6) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(f)(iii)

F232 Words in Sch. 1 para. 20I(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), 15(3)(c)

F233 Words in Sch. 1 para. 20I(6) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(8)(j)

F234 Sch. 1 para. 20I(7) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 2(2)(b)

F235 Words in Sch. 1 para. 20I(7) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(f)(iv)

F236 Words in Sch. 1 para. 20I(7) 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), 15(3)(d)(i)

F237 Words in Sch. 1 para. 20I(7) 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), 15(3)(d)(ii)

F238 Words in Sch. 1 para. 20I(7) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 11(3)(b)

F239 Sch. 1 para. 20I(8) 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), 15(3)(e)

[F240 Enhanced disability premium

[F241 20IA.— (1) Subject to sub-paragraph (2), the condition is that in respect of a member of a joint-claim couple who has not attained the qualifying age for state pension credit—

(a) 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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act; or

(b) 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 at the enhanced rate in accordance with section 78(2) of the 2012 Act [F242 , 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 [F243 Disability Assistance for Working Age People (Scotland) Regulations 2022], be payable at the enhanced rate under those Regulations,] [F244 or armed forces independence payment is payable].]

[F245 (2) The condition is not satisfied if—

(a) paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b) paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.]]

Textual Amendments

F240 Sch. 1 para. 20IA inserted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(v)

F241 Sch. 1 para. 20IA(1) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(i)

F242 Words in Sch. 1 para. 20IA(1)(b) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(7)(w)

F243 Words in Sch. 1 para. 20IA(1)(b) substituted (6.6.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022 (S.I. 2022/530), arts. 1(2), 3(2)(b)

F244 Words in Sch. 1 para. 20IA(1)(b) 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. 10(7)(i)

F245 Sch. 1 para. 20IA(2) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(k)

Carer Premium

20J.— (1) Subject to sub-paragraphs (3) and (4), the condition is that either or both members of a joint-claim couple are entitled to F246 ... [F35 a] [F35 carer’s allowance] under section 70 of the Benefits Act [F247 or carer support payment].

F248 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F249 (3) Where a carer premium is awarded but—

(a) the person in respect of whose care the [F35 carer’s allowance] [F250 or carer support payment] has been awarded dies; or

(b) in any other case the member of the joint-claim couple in respect of whom a carer premium has been awarded ceases to be entitled F251 ... to [F35 a] [F35 carer’s allowance] [F250 or 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) [F252 where sub-paragraph (3)(a) applies,] the Sunday following the death of the person in respect of whose care [F35 a] [F35 carer’s allowance] [F253 or carer support payment] has been awarded or F254 ... the date of death if the death occurred on a Sunday;

F255 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in any other case, the date on which that member ceased to be entitled to [F35 a] [F35 carer’s allowance] [F253 or carer support payment].]

(4) Where a member of a joint-claim couple who has been entitled to [F35 a] [F35 carer’s allowance] [F256 or carer support payment] ceases to be entitled to that allowance [F257 or payment] and makes a claim for a jobseeker’s allowance jointly with the other member of that couple, 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—

[F258 (a) the person in respect of whose care the [F35 carer’s allowance] [F256 or carer support payment] has been awarded dies;

F259 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F260 in any other case, the member who has been entitled to a carer’s allowance [F256 or carer support payment] ceased to be entitled to that allowance [F257 or payment].]]

Textual Amendments

F35 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F246 Words in Sch. 1 para. 20J(1) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(i)

F247 Words in Sch. 1 para. 20J(1) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(g)(i)

F248 Sch. 1 para. 20J(2) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(ii)

F249 Sch. 1 para. 20J(3)(3A) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(2)

F250 Words in Sch. 1 para. 20J(3) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(g)(ii)

F251 Words in Sch. 1 para. 20J(3)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(iii)

F252 Words in Sch. 1 para. 20J(3A)(a) inserted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(iv)(aa)

F253 Words in Sch. 1 para. 20J(3A) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(g)(ii)

F254 Words in Sch. 1 para. 20J(3A)(a) omitted (28.10.2002) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(a), 3(a)

F255 Sch. 1 para. 20J(3A)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(iv)(bb)

F256 Words in Sch. 1 para. 20J(4) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(g)(ii)

F257 Words in Sch. 1 para. 20J(4) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(g)(iii)

F258 Sch. 1 para. 20J(4)(a)-(c) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(2)

F259 Sch. 1 para. 20J(4)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(v)(aa)

F260 Sch. 1 para. 20J(4)(c) substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(v)(bb)

Member of a joint-claim couple in receipt of concessionary payments

20K.   For the purpose of determining whether a premium is applicable to a joint-claim couple under paragraphs 20H to 20J, any concessionary payment made to compensate a person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

20L.   For the purposes of this Part of this Schedule, a member of a joint-claim couple 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.]

[F261 PART IVB WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

Textual Amendments

F261 Sch. 1 Pt. 4B table substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(6), Sch. 10

Premium		Amount
20M.—(1)  Pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit and the condition in paragraph 20E is satisfied.		(1) £190.70.
(2)  Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.		(2) £190.70.
(3)  Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G(1).		(3) £60.60.
(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—		(4)
(i)	if there is someone in receipt of a carer's allowance [F262 or carer support payment,] or if either member satisfies that condition only by virtue of paragraph 20I(4);	(i)		£81.50;
(ii)	if no-one is in receipt of such an allowance [F263 or payment].	(ii)		£163.00.
(5) Carer Premium.		(5) £45.60 in respect of each person who satisfied the condition specified in paragraph 20J.
(6)  Enhanced disability premium where the conditions in paragraph 20IA are satisfied.		(6) £29.75 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.]

Textual Amendments

F262 Words in Sch. 1 para. 20M(4)(i) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(h)(i)

F263 Words in Sch. 1 para. 20M(4)(ii) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 8(9)(h)(ii)

PART V ROUNDING OF FRACTIONS

21.  Where an income-based jobseeker’s allowance 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 one penny that fraction shall be treated as one penny.