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The Housing Benefit Regulations 2006

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Severe Disability PremiumE+W+S

This section has no associated Explanatory Memorandum

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

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

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

(i)he is in receipt of attendance allowance, [F1the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act [F2, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] [F3,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act [F4, 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] [F5or armed forces independence payment]]; and

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

(iii)no person is entitled to, and in receipt of, a carer's allowance under section 70 of the Act [F6or carer support payment] [F7or has an award of universal credit which includes the carer element] in respect of caring for him;

(b)in the case of a claimant who has a partner—

(i)the claimant is in receipt of attendance allowance [F8, pension age disability payment], [F9the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act [F10, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] [F11, ] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F12, 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] [F13or armed forces independence payment]]; and

(ii)his partner is also in receipt of such an allowance [F14or payment] or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance [F14or payment]; and

(iii)subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and either a person is [F15entitled to and in receipt of] a carer's allowance [F16or carer support payment] [F7or has an award of universal credit which includes the carer element] in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance [F17or payment] [F18or has such an award of universal credit] in respect of caring for either member of a couple or any partner of a polygamous marriage.

(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is [F19severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 13(1)(a)(v) 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) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance [F20, pension age disability payment], [F21the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act [F22, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] [F23,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act [F24, 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] [F25or armed forces independence payment]]; or

(b)a person who is [F26severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 13(1)(a)(v) and (2).

(5) For the purposes of sub-paragraph (2)(b) a person 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 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 a carer's allowance [F27or carer support payment] [F28or 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 [F29or have such an award of universal credit] and in receipt.

[F30(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 [F31payment ceasing by virtue of] regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.]

[F32(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 Disability Assistance for Working Age People (Scotland) Regulations 2022, if he would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt][F33;

(e)as being in receipt of pension age disability payment if that person 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.]

(6) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of carer's allowance [F34, carer support payment] [F35or universal credit which includes the carer element] to the extent that payment of such an award is backdated for a period before [F36the date on which the award is first paid].

(7) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance [F37or 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 [F38or had such an award of universal credit] but for the application of a restriction under section [F396B or] 7 of the Social Security Fraud Act 2001 M1 (loss of benefit provisions).

Textual Amendments

F7Words in Sch. 3 para. 14(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(b)(i)

F18Words in Sch. 3 para. 14(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(b)(ii)

F19Words in Sch. 3 para. 14(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(5)(aa)(c)(ii)

F26Words in Sch. 3 para. 14(4)(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(5)(bb)(c)(ii)

F28Words in Sch. 3 para. 14(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), 17(2)(c)(i)

F29Words in Sch. 3 para. 14(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), 17(2)(c)(ii)

F31Words in Sch. 3 para. 14(5)(c) inserted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(6)(b)

F35Words in Sch. 3 para. 14(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), 17(2)(d)

F37Words in Sch. 3 para. 14(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), 17(2)(e)(i)

F38Words in Sch. 3 para. 14(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), 17(2)(e)(ii)

Marginal Citations

M12001 c. 11; section 7 was amended by the State Pension Credit Act 2002, section 14 and Schedule 2 and by the Tax Credits Act 2002, section 60 and Schedule 6.

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