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The Jobseeker’s Allowance Regulations 1996

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[F1[F2Enhanced disability premium

[F320IA.(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 [F4, 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 [F5Disability Assistance for Working Age People (Scotland) Regulations 2022], be payable at the enhanced rate under those Regulations,] [F6or armed forces independence payment is payable].]

[F7(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.]]]

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