The Jobseeker’s Allowance Regulations 1996

Changes over time for: Paragraph 20I

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[F1Severe Disability Premium

20I.—(1) The condition is that—

(a)a member of a joint-claim couple is in receipt of attendance allowance [F2, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F3, armed forces independence payment] [F4,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F5, 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, [F6a] [F6carer’s allowance] under section 70 of the Benefits Act [F7or carer support payment] [F8or 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 [F6a] [F6carer’s allowance] under section 70 of the Benefits Act [F9or carer support payment] [F8or 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 [F10severely 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 [F11, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F12, armed forces independence payment] [F13,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F14, 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 [F15severely 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 [F6a] [F6carer’s allowance] [F16or carer support payment] [F17or 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 [F18of carer’s allowance [F16or carer support payment] or have such an award of universal credit].

[F19(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][F20;

(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 [F21Disability 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 [F6carer’s allowance] [F22, carer support payment] [F23or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F24the date on which the award is first paid].

[F25(7) In sub-paragraph (1)(d), the reference to a person being in receipt of [F6a] [F6carer’s allowance] [F26or carer support payment] [F27or 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 [F28or had such an award] but for the application of a restriction under section [F296B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F30(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

F1Sch. 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)

F2Words 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)

F3Words 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)

F4Sch. 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10Words 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)

F11Words 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)