SCHEDULE 1Applicable amount
PART 3Disability premiums
Enhanced disability premium
8.
(1)
Subject to sub-paragraph (2), with regard to enhanced disability premium the condition referred to in paragraph 5 is that—
(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 1992 Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the 1992 Act in respect of a child or young person who is a member of the applicant's family; F1...
F2(aa)
armed forces independence payment is payable in respect of a young person within the applicant’s family;
(b)
the daily living component of personal independence payment F3at the enhanced rate is, or would, but for a suspension of benefit in accordance with regulations made under section 86(1) of the Welfare Reform Act 2012 M1 or an abatement as a consequence of hospitalisation, be payable in respect of a child or young person who is a member of the applicant's family F4, F5...
(c)
the care component of child disability payment at the highest rate is payable, or would be payable were it not for regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation), where the person is resident in a care home, of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, in respect of a child or young person who is a member of the applicant's family F6, or
(d)
the enhanced rate of the daily living component of adult disability payment is payable, or would be payable were it not for regulation 28(2) (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, in respect of a young person who is a member of the applicant’s family.
(2)
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition referred to in paragraph 5 is that the applicant or the applicant's partner is entitled to child benefit in respect of that child or young person under section 145A of the 1992 Act M2 (entitlement after death of child or qualifying young person).
F7(3)
In this paragraph, “care home” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021.
(4)
For the purposes of sub-paragraph (1)(c), a child or young person is to be considered a member of the applicant's family if the child or young person would be considered a member of the applicant's family were the child or young person not resident in a care home.