PART 3Welfare Supplementary Payment for loss of Disability-Related Premium on transition from Disability Living Allowance to Personal Independence Payment (Jobseeker's Allowance claimants)
Eligibility (joint-claim couples: severe disability premium)15
1
A joint-claim couple are entitled to welfare supplementary payment under this Part if—
a
they meet the joint-claim JSA entitlement condition,
b
they meet the disability-related premium entitlement condition,
c
one of them meets the PIP refusal condition (but this is subject to paragraph (7)), and
d
they meet the termination of disability-related premium condition.
2
The joint-claim JSA entitlement condition is that they are in receipt of jobseeker's allowance as a joint-claim couple under the Jobseekers (Northern Ireland) Order 1995 on the transition date.
3
The disability-related premium entitlement condition is that they are in receipt of disability-related premium on the transition date.
4
In this Part and notwithstanding regulation 11(4), where eligibility for welfare supplementary payment is under this regulation, disability-related premium means severe disability premium under paragraph 20I of Schedule 1 to the Jobseeker's Allowance Regulations (Northern Ireland)1996 M1.
5
The PIP refusal condition is that following a transitional assessment determination, the person is refused personal independence payment, or the component of personal independence payment, that is a condition for entitlement to disability-related premium.
6
The termination of disability-related premium condition is that, in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.
7
Paragraph (9) applies where—
a
one member of the couple does not meet the PIP refusal condition,
b
the other member (B) meets the PIP refusal condition, and
c
B meets the blind condition on the transition date.
8
The blind condition is that the person is certified as severely sight impaired or blind by a consultant ophthalmologist.
9
Where this paragraph applies, the termination of disability-related premium condition is met if, in consequence of the matters set out in paragraph (7), the decision of the Department to award severe disability premium at a higher rate is superseded by a decision of the Department to award severe disability premium at a lower rate.
10
Where a joint-claim couple are entitled to welfare supplementary payment under this regulation, payment must be to the person who is the nominated member in accordance with Article 5 of the Jobseekers (Northern Ireland) Order 1995.
11
In this regulation “joint-claim couple” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995.