The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

Severe disability premiumS

This section has no associated Policy Notes

7.—(1) With regard to severe disability premium the condition referred to in paragraph 5 is that the applicant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), an applicant is to be treated as being a severely disabled person if—

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

(i)the applicant is in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F1, armed forces independence payment] or the daily living component of personal independence payment;

(ii)subject to sub-paragraph (6), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant normally resides; and

(iii)no person is [F2in receipt of a carer’s allowance under section 70 of the 1992 Act, or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013,] in respect of caring for the applicant; and

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

(i)the applicant is in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F3, armed forces independence payment] or the daily living component of personal independence payment;

(ii)the applicant's partner is also in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F4the care component of child disability payment at the highest or middle rate] [F5, armed forces independence payment] or the daily living component of personal independence payment or, if the applicant is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance or payment; and

(iii)subject to sub-paragraph (6), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant normally resides,

and either a person is entitled to and in receipt of a carer's allowance [F6, or has an award of universal credit which includes the carer element,] in respect of caring for only one member of the couple or, if the applicant is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of a carer's allowance [F6, or has an award of universal credit which includes the carer element,] in respect of caring for either member of the couple or any of the members of the marriage.

(3) Where an applicant has a partner who does not satisfy the condition in sub‑paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub‑paragraph (4), that partner is to be treated for the purposes of sub-paragraph (2) as if the partner was not a partner of the applicant.

(4) For the purposes of sub-paragraph (3), a person is blind if that person has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a local authority in Scotland or is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 M1 (welfare services) [F7or is registered as severely sight impaired in a register kept by a local authority in Wales under section 18(1)(a) of the Social Services and Well-being (Wales) Act 2014].

(5) For the purposes of sub-paragraphs (3) and (4), a person who has ceased to be registered as blind on regaining eyesight is to be treated as blind for a period of 28 weeks following the date on which the person ceased to be registered as blind.

(6) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account is to be taken of—

(a)a person receiving attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F8, armed forces independence payment] or the daily living component of personal independence payment; or

(b)a person who is blind within the meaning of sub-paragraph (4) or is treated as blind within the meaning of sub-paragraph (5).

(7) For the purposes of sub-paragraph (2)(b) a person is to be treated—

(a)as being in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment, if the person would, but for being a patient for a period exceeding 28 days, be in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment, as the case may be; and

(b)as being entitled to and in receipt of a carer's allowance [F9or as having an award of universal credit which includes the carer element] if the person would, but for the person [F10being cared for] being a patient in hospital for a period exceeding 28 days, be entitled to and in receipt of a carer's allowance [F11or would have an award of universal credit which includes the carer element].

(8) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b)—

(a)no account is to be taken of an award of carer's allowance [F12, or of universal credit which includes the carer element,] to the extent that payment of that award is back-dated for a period before the date on which the award is first paid; and

(b)references to a person being in receipt of a carer's allowance [F13or as having an award of universal credit which includes the carer element] include references to a person who would have been in receipt of that allowance [F14or award] but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 M2 (loss of benefit).

Textual Amendments

Marginal Citations

M22001 c.11. Section 6B was inserted by section 24 of the Welfare Reform Act 2009 (c.24) and amended by section 113 of the Welfare Reform Act 2012 (c.5). Section 7 was amended by paragraph 45 of Schedule 2 to the State Pension Credit Act 2002 (c.16), section 49 and paragraph 23 of Schedule 3 to the Welfare Reform Act 2007 (c.5), paragraph 2 of Schedule 4, and Schedule 7, to the Welfare Reform Act 2009 and S.I. 2011/2298.