Regulation 35

SCHEDULE 1SApplicable amount

PART 1SPersonal Allowances

1.—(1) The amount specified in column (2) below in respect of each person or couple specified in column (1) (or where a person falls within two categories in column (1), the higher of those amounts) is the amount specified for the purposes of regulation 35(a) (applicable amount)—S

Column (1)Column (2)
Person or coupleAmount
A single applicant aged under 25, where no child premium is included under regulation 35(b) and paragraph (2).[F1£61.05]
A single applicant aged 25 or over, where no child premium is included under regulation 35(b) and paragraph (2).[F2£77.00]
A lone parent.[F2£77.00]
A single applicant who is entitled to main phase employment and support allowance [F3or who has an award of universal credit and has limited capability for work under regulation 39(1) of the 2013 Regulations or limited capability for work and work-related activity under regulation 40(1) of the 2013 Regulations].[F2£77.00]
A couple.[F4£121.05]

(2) For the purposes of sub-paragraph (1) an applicant is entitled to main phase employment and support allowance if either of paragraphs 18 or 19 (components) is satisfied in relation to the applicant.

Textual Amendments

Commencement Information

I1Sch. 1 para. 1 in force at 1.4.2022, see reg. 1

PART 2SChildren

2.  The amount specified for the purposes of regulation 35(b) (the child premium) is [F5£88.50] for each child or young person.S

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 1.4.2022, see reg. 1

3.  Where neither the applicant nor the applicant’s partner, nor the partners jointly, have an award of universal credit, the following additional amount is, or additional amounts are, to be included in the applicable amount in respect of each child or young person who is disabled for whom the applicant or the applicant’s partner is responsible and who is a member of the applicant’s household—S

(a)the disabled child premium of [F6£68.04] in respect of each—

(i)child or young person who is in receipt of disability living allowance, child disability payment [F7, adult disability payment] or personal independence payment or is no longer in receipt of such allowance or payment because the child or young person is a patient, provided that the child or young person continues to be a member of the family, or

(ii)child or young person who is blind or treated as blind by virtue of paragraph 12(2) (disability premium), or

(iii)child or young person in respect of whom section 145A of the 1992 Act (entitlement after death of child or qualifying young person)(1) applies for the purposes of entitlement to child benefit, and in respect of whom a disabled child premium was included in the applicant’s applicable amount immediately before the death of that child or young person, but the amount is to be included only for the period of entitlement prescribed under that section, and

(b)the disabled child premium of [F8£68.04] and the enhanced disability premium of [F9£27.44] in respect of each—

(i)child or young person who is entitled to the care component of disability living allowance at the highest rate, or would be so entitled, but for a suspension of benefit in accordance with Regulations made under section 113(2) of the 1992 Act or an abatement as a consequence of hospitalisation,

(ii)child or young person who is entitled to the care component of child disability payment at the highest rateF10...

(iii)child or young person who is entitled to the daily living component of personal independence payment at the enhanced rate, or would be so entitled, but for a suspension of benefit in accordance with Regulations made under section 86(1) of the 2012 Act or an abatement as a consequence of hospitalisation,

[F11(iiia)a young person who is entitled to the daily living component of adult disability payment at the enhanced rate,]

(iv)young person who is in receipt of armed forces independence payment, or

(v)child or young person in respect of whom section 145A of the 1992 Act applies for the purposes of entitlement to child benefit, and in respect of whom both the disabled child premium and the enhanced disability premium were included in the applicant’s applicable amount immediately before the death of that child or young person, but the amounts are to be included only for the period of entitlement prescribed under that section.

Textual Amendments

F10Words in sch. 1 para. 3(b)(ii) omitted (31.3.2022) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2022 (S.S.I. 2022/52), regs. 1(2), 18(a)(ii)

Commencement Information

I3Sch. 1 para. 3 in force at 1.4.2022, see reg. 1

4.  [F12Subject to paragraphs 4C and 4D, where] the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit that includes an amount under regulation 24(2) of the 2013 Regulations (additional amount in respect of a child or qualifying young person who is disabled)(2), an additional amount is to be included in the applicable amount in respect of each child or young person in respect of whom the amount under that regulation is payable and the additional amount is—

(a)the disabled child premium of [F13£68.04], where the amount under that regulation is paid in respect of a child or young person at the lower rate described in paragraph (2)(a) of that regulation, and

(b)the disabled child premium of [F14£68.04] and the enhanced disability premium of [F15£27.44], where the amount under that regulation is paid in respect of a child or young person at the higher rate described in paragraph (2)(b) of that regulation.

Textual Amendments

Commencement Information

I4Sch. 1 para. 4 in force at 1.4.2022, see reg. 1

[F164A.  [F17Subject to paragraphs 4C and 4D, where]—

(a)the applicant is a kinship carer approved under the Looked After Children (Scotland) Regulations 2009,

(b)the child or young person who is placed with the applicant falls within paragraph (4B)(a)(i) to (iii) or (b)(i) to (v), and

(c)the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit,

an additional amount is to be included in the applicable amount in respect of the child or young person in accordance with paragraph 4B.

Textual Amendments

Commencement Information

I5Sch. 1 para. 4A in force at 1.4.2022, see reg. 1

4B.  The additional amount is—S

(a)the disabled child premium of [F18£68.04] in respect of any child or young person—

(i)who is in receipt of disability living allowance, child disability payment [F19, adult disability payment] or personal independence payment or who is no longer in receipt of such allowance or payment because the person is a patient, provided that the child or young person continues to be a member of the family,

(ii)who is blind or treated as blind by virtue of paragraph 12(2) (disability premium), or

(iii)in respect of whom section 145A of the 1992 Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit, and in respect of whom a disabled child premium was included in the applicant’s amount immediately before the death of the child or young person, but the amount is to be included only for the period of entitlement prescribed under that section,

(b)the disabled child premium of [F20£68.04] and the enhanced disability premium of [F21£27.44] in respect of any—

(i)child or young person who is entitled to the care component of disability living allowance at the highest rate, or would be so entitled, but for a suspension of benefit in accordance with Regulations made under section 113(2) of the 1992 Act or an abatement as a consequence of hospitalisation,

(ii)child or young person who is entitled to the care component of child disability payment at the highest rate,

(iii)child or young person who is entitled to the daily living component of personal independence payment at the enhanced rate, or would be so entitled but for a suspension of benefit in accordance with Regulations made under section 86(1) of the 2012 Act or an abatement as a consequence of hospitalisation,

[F22(iiia)a young person who is entitled to the daily living component of adult disability payment at the enhanced rate,]

(iv)young person who is in receipt of armed forces independence payment, or

(v)child or young person in respect of whom section 145A of the 1992 Act applies for the purposes of entitlement to child benefit and in respect of whom both the disabled child premium and the enhanced disability premium were included in the applicant’s applicable amount immediately before the death of the child or young person, but the amounts are to be included only for the period of entitlement prescribed under that section.]

Textual Amendments

Commencement Information

I6Sch. 1 para. 4B in force at 1.4.2022, see reg. 1

[F234C.  Where the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit that would include an amount under regulation 24(2) of the 2013 Regulations (additional amount of universal credit in respect of a child or qualifying young person who is disabled), or would include an amount at the higher rate, but for the fact that the child or young person is entitled to short-term assistance under paragraph 1(1) of the schedule of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (“the 2021 Regulations”)—S

(a) the disabled child premium of £68.04, where the assistance that was payable under the earlier determination, referred to in paragraph 1(1)(a) of the schedule of the 2021 Regulations, was—

(i)the care component of child disability payment at the lowest or middle rate, under regulation 11(5)(b) or (c) of the 2021 Regulations,

(ii)the mobility component of child disability payment at the higher or lower rate, under regulation 12 or regulation 13 of the 2021 Regulations,

(b) the disabled child premium of £68.04 and the enhanced disability premium of £27.44, where the assistance that was payable under the earlier determination included the care component of child disability payment at the highest rate, under regulation 11(5)(a) of the 2021 Regulations.]

Textual Amendments

[F234D.  Where the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit that would include an amount under regulation 24(2) of the 2013 Regulations, or would include an amount at the higher rate, but for the fact that the young person is entitled to short-term assistance under paragraph 1(1) of schedule 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the 2022 Regulations”)—S

(a) the disabled child premium of £68.04, where the assistance that was payable under the earlier determination, referred to in paragraph 1(1)(a) of schedule 2 of the 2022 Regulations, was—

(i)the daily living component of adult disability payment at the standard rate, under regulation 5(2) of the 2022 Regulations,

(ii)the mobility component of adult disability payment at the standard or enhanced rate, under regulation 6(2) or (3) of the 2022 Regulations,

(b) the disabled child premium of £68.04 and the enhanced disability premium of £27.44, where the assistance that was payable under the earlier determination includes the care component of adult disability payment at the enhanced rate, under regulation 5(3) of the 2022 Regulations.]

Textual Amendments

PART 3SCarer Premium

5.—(1) Subject to sub-paragraphs (2) to (8), the amount specified for the purposes of regulation 35(d) (the carer premium), is [F24£38.85].S

(2) The applicable amount is to include the carer premium specified in sub-paragraph (1) where an applicant or the applicant’s partner has regular and substantial caring responsibilities for a severely disabled person, but subject to sub-paragraphs (3) and (4).

(3) In the case of a couple, the carer premium is payable in respect of each partner if they both qualify for it, but only if they are not caring for the same severely disabled person.

(4) Where two or more persons have regular and substantial caring responsibilities for the same severely disabled person, the carer premium is only payable in respect of one of them and that is—

(a)the one whose award of universal credit includes the carer element described in regulation 29 of the 2013 Regulations(3),

(b)the one in receipt of a carer’s allowance in respect of the severely disabled person, or

(c)the one who would be in receipt of a carer’s allowance in respect of the severely disabled person were it not for the application of the Social Security (Overlapping Benefits) Regulations 1979(4).

(5) Where a carer premium is awarded to a person whose award of universal credit includes the carer element described in regulation 29 of the 2013 Regulations, the condition for the award of the premium is to be treated as satisfied for as long as that carer element continues to be paid (for example, following the death of the severely disabled person).

(6) Where a carer premium is awarded to a person other than a person described in sub-paragraph (5), but—

(a)the person in respect of whose care the carer’s allowance has been awarded dies, or

(b)in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer’s allowance,

the condition for the award of the premium is to be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (7).

(7) The relevant date for the purposes of sub-paragraph (6) is—

(a)where sub-paragraph (6)(a) applies, and the person is at that time entitled to a carer’s allowance, the Sunday following the death of the person in respect of whose care a carer’s allowance has been awarded or the date of death if the death occurred on a Sunday, and

(b)in any other case, the date on which the person who has been entitled to a carer’s allowance ceases to be entitled to that allowance.

(8) Where a person who has had regular and substantial caring responsibilities for a severely disabled person ceases to have such caring responsibilities and makes an application for council tax reduction, the condition for the award of the carer premium is to be treated as satisfied for a period of 8 weeks from the date on which—

(a)the person in respect of whom the person had such caring responsibilities dies, where that brought the caring responsibilities to an end, and

(b)in any other case, the person ceased to have such caring responsibilities.

Textual Amendments

Commencement Information

I7Sch. 1 para. 5 in force at 1.4.2022, see reg. 1

6.—(1) For the purposes of regulation 35(d) and Part 3 of this schedule, a person has regular and substantial caring responsibilities for a severely disabled person if—S

(a)they are in receipt of a carer’s allowance,

(b)they would be in receipt of a carer’s allowance were it not for the application of the Social Security (Overlapping Benefits) Regulations 1979, or

(c)they have an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations.

(2) A person does not have regular and substantial caring responsibilities for a severely disabled person if—

(a)the person derives earned income from those caring responsibilities, or

(b)the severely disabled person has died (but in this case see paragraph 5(5) and (6)).

(3) Once a carer premium is to be included in the applicable amount of an applicant under this Part, a person is to be treated as being in receipt of any benefit for any period they spend undertaking a course of training or instruction provided or approved by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990(5) or the Secretary of State under section 2 of the 1973 Act(6) for any period during which the person is in receipt of a training allowance.

(4) In the application of sub-paragraph (1)(b), a person is not to continue to be treated as being in receipt of a carer’s allowance after the date at which the person in respect of whose care the allowance has been claimed ceases to 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, the care component of child disability payment at the highest or middle rate, [F25the daily living component of adult disability payment at the standard or enhanced rate,] armed forces independence payment, or the daily living component of personal independence payment.

Textual Amendments

Commencement Information

I8Sch. 1 para. 6 in force at 1.4.2022, see reg. 1

PART 4SDisability premiums

7.  Except as provided in paragraph 8, a disability premium specified in Part 5 of this schedule is, for the purposes of regulation 35(e) (disability premiums), to be included in the applicable amount of an applicant who satisfies the conditions specified in paragraphs 11 to 14 which relate to that premium.S

Commencement Information

I9Sch. 1 para. 7 in force at 1.4.2022, see reg. 1

8.  Subject to paragraph 9, where an applicant satisfies the conditions in respect of more than one disability premium in this Part of this Schedule, only one disability premium is to be included in the applicable amount of an applicant and, if they are of different amounts, the higher or highest amount applies.S

Commencement Information

I10Sch. 1 para. 8 in force at 1.4.2022, see reg. 1

9.  The following premiums, namely—S

(a)a severe disability premium to which paragraph 13 applies, and

(b)an enhanced disability premium to which paragraph 14 applies,

may be included in the applicable amount of an applicant in addition to any other premium which may apply under this schedule.

Commencement Information

I11Sch. 1 para. 9 in force at 1.4.2022, see reg. 1

10.  For the purposes of this Part of this schedule, once a disability premium is to be included in the applicable amount of an applicant under this Part, a person is to be treated as being in receipt of any benefit for—S

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit, and

(b)any period spent by a person in undertaking a course of training or instruction provided or approved by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990(7) or the Secretary of State under section 2 of the 1973 Act for any period during which the person is in receipt of a training allowance.

Commencement Information

I12Sch. 1 para. 10 in force at 1.4.2022, see reg. 1

Disability premiumS

11.  With regard to the disability premium the condition referred to in paragraph 7 is that—

(a)where the applicant is a single applicant, the applicant has not attained pensionable age and the additional condition specified in paragraph 12(1) is satisfied, or

[F26(b)where the applicant has a partner and either the applicant or the applicant’s partner is a person who has not reached pensionable age, either—

(i)the applicant satisfies the additional condition specified in paragraph 12(1), or

(ii)the applicant’s partner satisfies the additional condition in paragraph  12(1)(a).]

Textual Amendments

Commencement Information

I13Sch. 1 para. 11 in force at 1.4.2022, see reg. 1

Additional condition for the disability premiumS

12.—(1) Subject to sub-paragraph (2) and paragraph 10, the additional condition referred to in paragraph 11 is that either—

(a)the applicant or, as the case may be, the applicant’s partner—

(i)is in receipt of one or more of the following benefits: attendance allowance, disability living allowance, child disability payment [F27, adult disability payment,] armed forces independence payment, personal independence payment, the disability premium or the severe disability premium of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit Regulations(8), mobility supplement, long-term incapacity benefit or severe disablement allowance under Part 3 of the 1992 Act but, in the case of long-term incapacity benefit or severe disablement allowance, only where it is paid in respect of the applicant,

(ii)was in receipt of long-term incapacity benefit when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act or a state pension under Part 1 of the Pensions Act 2014(9) and the applicant remained continuously entitled to council tax benefit under the Council Tax Benefit (General) Regulations 1992(10) or the Council Tax Benefit Regulations 2006(11) before 1 April 2013 and to council tax reduction from that date, and, if the long-term incapacity benefit was payable to the applicant’s partner, the partner is still a member of the family,

(iii)was in receipt of attendance allowance, disability living allowance or personal independence payment, but payment of the benefit has been suspended in accordance with Regulations made under section 113(2) of the 1992 Act or section 86(1) of the 2012 Act or otherwise abated as a consequence of the applicant or the applicant’s partner becoming a patient or has ceased to be payable in consequence of the other member becoming a patient, which in this paragraph means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005(12),

[F28(iiia)would be in receipt of either the daily living component or the mobility component of adult disability payment 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,]

(iv)has a vehicle supplied for use on the road and to be controlled by the occupant, under section 46 of the National Health Service (Scotland) Act 1978(13) (“the 1978 Act”), paragraph 9(1) of schedule 1 of the National Health Service Act 2006(14) (“the 2006 Act”) or article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972(15) or receives payments by way of grant from the Scottish Ministers under section 46 of the 1978 Act or the Secretary of State under paragraph 9(3) of schedule 1 of the 2006 Act, or

(v)is blind,

(b)the applicant—

(i)is, or is treated as, incapable of work in accordance with the provisions of, and Regulations made under, Part 12A of the 1992 Act (incapacity for work), and

(ii)has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

(aa)in the case of an applicant who is terminally ill within the meaning of section 30B(4) of the 1992 Act(16), 196 days, and

(bb)in any other case, 364 days.

(2) For the purposes of sub-paragraph (1)(a)(v), and of paragraphs 3(a)(ii) and 13(3) and (4)(b), a person who has ceased to be certified as blind on that person gaining eyesight is nevertheless to be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which the person ceased to be certified as blind.

(3) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of the applicant satisfying the additional condition specified in that provision, if the applicant then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work, on again becoming incapable of work the applicant is immediately to be treated as satisfying the condition in that sub-paragraph.

(4) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of the applicant satisfying the additional condition specified in that provision, the applicant is to continue to be treated as satisfying that condition for any period spent by the applicant in undertaking a course of training provided under section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which the applicant is in receipt of a training allowance.

(5) For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods are to be treated as one continuous period.

(6) For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the 1992 Act (short-term incapacity benefit for a person who is terminally ill) or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to the person is or was equal to or greater than the long-term rate.

(7) In the case of an applicant who is a welfare to work beneficiary (a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995(17) applies, and who again becomes incapable of work for the purposes of Part 12A of the 1992 Act)—

(a)the reference to a period of 8 weeks in sub-paragraph (3), and

(b)the reference to a period of 56 days in sub-paragraph (5),

is in each case to be treated as a reference to a period of 104 weeks.

(8) The applicant is not entitled to the disability premium if the applicant has, or is treated as having, limited capability for work, and for the purposes of this paragraph, “limited capability for work”—

(a)in the case of an applicant who has an award of universal credit, has the meaning given to “limited capability for work” in regulation 39 of the 2013 Regulations(18),

(b)in all other cases, has the meaning given to it in section 1(4) of the 2007 Act.

Textual Amendments

Commencement Information

I14Sch. 1 para. 12 in force at 1.4.2022, see reg. 1

Severe disability premiumS

13.—(1) With regard to severe disability premium the condition referred to in paragraph 7 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, or an applicant who is treated as having no partner in consequence of 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, the care component of child disability payment at the highest or middle rate [F29, the daily living component of adult disability payment,] armed forces independence payment or the daily living component of personal independence payment, and

(ii)subject to sub-paragraph (4), 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 in receipt of a carer’s allowance under section 70 of the 1992 Act(19), or has an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations(20), in respect of caring for the applicant, or

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

(i)the applicant is 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 1992 Act, the care component of child disability payment at the highest or middle rate [F30, the daily living component of adult disability payment,] 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, the care component of child disability payment at the highest or middle rate [F31, the daily living component of adult disability payment,] armed forces independence payment or the daily living component of personal independence payment,

(iii)subject to sub-paragraph (4), 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, or has an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations, in respect of caring for only one of the couple or as the case may be, no person is entitled to and in receipt of a carer’s allowance, or has an award of universal credit which includes that carer element, in respect of caring for either member of the couple.

(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 by virtue of paragraph 12(2), that partner is to be treated for the purposes of sub-paragraph (2)(b)(ii) as if the partner was not a partner of the applicant.

(4) 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, disability living allowance by virtue of the care component at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act, the care component of child disability payment at the highest or middle rate [F32, the daily living component of adult disability payment,] armed forces independence payment or the daily living component of personal independence payment, or

(b)a person who is blind or is treated as blind by virtue of paragraph 12(2).

(5) 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, the care component of child disability payment at the highest or middle rate [F33, the daily living component of adult disability payment,] or the daily living component of personal independence payment if the person would, but for being a patient in hospital for a period exceeding 28 days, be in receipt of that allowance or payment,

(b)as being entitled to and in receipt of a carer’s allowance or as having an award of universal credit which includes the [F34carer element described in regulation 29 of the 2013 Regulations] if the person would, but for the person being cared for being a patient in hospital for a period exceeding 28 days, be entitled to and in receipt of a carer’s allowance or would have an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations.

(6) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account is to be taken of an award of carer’s allowance, or of universal credit which includes the [F35carer element described in regulation 29 of the 2013 Regulations], to the extent that payment of the award is back-dated for a period before the 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 or as having an award of universal credit which includes the [F36carer element described in regulation 29 of the 2013 Regulations] include references to a person who would have been in receipt of that allowance or award but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)(21).

Textual Amendments

Commencement Information

I15Sch. 1 para. 13 in force at 1.4.2022, see reg. 1

Enhanced disability premiumS

14.—[F37(1) With regard to enhanced disability premium and subject to sub-paragraph (3) the condition referred to in paragraph 7 is that—

(a)the Secretary of State has decided that the applicant has, or is to be treated as having, limited capability for work-related activity,

(b)the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with Regulations made under section 113(2) of the 1992 Act or 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—

(i)the applicant, or

(ii)the applicant’s partner,

(c)the care component of child disability payment at the highest rate is payable in respect of the applicant or the applicant’s partner,

(d)the daily living component of adult disability payment at the enhanced rate 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 the applicant or a member of the applicant’s family,

(e)armed forces independence payment is payable in respect of the applicant or the applicant’s partner, or

(f)the daily living component of personal independence payment at the enhanced rate is, or would, but for a suspension of benefit in accordance with Regulations made under section 86(1) of the 2012 Act or an abatement as a consequence of hospitalisation, be payable in respect of the applicant or the applicant’s partner.]

(2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a)an applicant who—

(i)is not a member of a couple, and

(ii)is a patient and has been for a period of more than 52 weeks, or

(b)a member of a couple where each member is a patient and has been for a period of more than 52 weeks.

(3) For the purposes of this paragraph—

F38(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005(22), and

(c)“limited capability for work-related activity”—

(i)in the case of an applicant who has an award of universal credit, has the meaning given to “limited capability for work and work-related activity” in regulation 40 of the 2013 Regulations,

(ii)in all other cases, has the meaning given to it in section 2(5) of the 2007 Act.

Textual Amendments

Commencement Information

I16Sch. 1 para. 14 in force at 1.4.2022, see reg. 1

Persons in receipt of concessionary paymentsS

15.  For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.

Commencement Information

I17Sch. 1 para. 15 in force at 1.4.2022, see reg. 1

Persons in receipt of benefit for anotherS

16.  For the purposes of this Part of this schedule, a person is to be regarded as being in receipt of any benefit only if it is paid in respect of the person and is to be regarded as being in receipt of the benefit only for any period in respect of which that benefit is paid.

Commencement Information

I18Sch. 1 para. 16 in force at 1.4.2022, see reg. 1

PART 5SAmounts of disability and carer premiums

17.  The premiums referred to in regulation 35(e) and Parts 2 to 4 of this schedule are set out in the following table.S

PremiumAmount
Disabled child premium, in respect of each child or young person who is a member of the family of an applicant in respect of whom the conditions specified in paragraph 3 or 4 are satisfied.[F39£68.04]
Carer premium, where the conditions specified in paragraph 5 are satisfied[F40£38.85]
Disability premium—
(a)

where the applicant satisfies the condition in paragraph 11(a),

[F41£36.20]
(b)

where the applicant satisfies the condition in paragraph 11(b).

[F42£51.60]
Severe disability premium—
(a)

where the applicant satisfies the condition in paragraph 13(2)(a),

[F43£69.40]
(b)

where the applicant satisfies the condition in paragraph 13(2)(b)—

(i)

in a case where there is someone in receipt of a carer’s allowance, or who has an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations, or if the applicant or the applicant’s partner satisfies that condition only by virtue of paragraph 13(5),

[F43£69.40]
(ii)

in a case where there is no-one in receipt of a carer’s allowance or an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations.

[F44£138.80]
Enhanced disability premium.(a)[F45£27.44] in respect of each child or young person who is a member of the family of an applicant in respect of whom the conditions specified in paragraphs 3, 4 [F46, 4A, 4C or 4D] are satisfied,
(b)[F47£17.75] in respect of each person who is neither—
(i)a child or young person, nor
(ii)a member of a couple,
in respect of whom the conditions specified in paragraph 14 are satisfied,
(c)[F48£25.35] where the applicant is a member of a couple and the conditions specified in paragraph 14 are satisfied in respect of a member of that couple.

Textual Amendments

Commencement Information

I19Sch. 1 para. 17 in force at 1.4.2022, see reg. 1

PART 6SWork-related activity and support components

Work-related activity and support componentsS

18.—(1) Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if—

(a)the applicant or the applicant’s partner has made a claim for employment and support allowance,

(b)the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity, and

(c)either—

(i)the assessment phase as defined in section 24(2) of the 2007 Act has ended, or

(ii)regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply)(23) applies.

(2) In this Part—

(a)“limited capability for work”—

(i)in the case of an applicant who has an award of universal credit, has the meaning given to it in regulation 39 of the 2013 Regulations,

(ii)in all other cases, has the meaning given to it in section 1(4) of the 2007 Act,

(b)“limited capability for work-related activity”—

(i)in the case of an applicant who has an award of universal credit, has the meaning given to “limited capability for work and work-related activity” in regulation 40 of the 2013 Regulations,

(ii)in all other cases, has the meaning given to it in section 2(5) of the 2007 Act.

Commencement Information

I20Sch. 1 para. 18 in force at 1.4.2022, see reg. 1

19.—(1) Subject to paragraph 20, the applicant is entitled to one, but not both, of the components in paragraphs 21 and 22 if the applicant or the applicant’s partner is entitled to a converted employment and support allowance or would be entitled but for the application of section 1A of the 2007 Act (duration of contributory allowance)(24).

(2) In this paragraph, a “converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations.

Commencement Information

I21Sch. 1 para. 19 in force at 1.4.2022, see reg. 1

20.—(1) The applicant has no entitlement under paragraph 21 or 22 if the applicant is entitled to the disability premium under paragraphs 11 and 12.

(2) Where the applicant and the applicant’s partner each satisfies paragraph 21 or 22, the component to be included in the applicant’s applicable amount is that which relates to the applicant.

Commencement Information

I22Sch. 1 para. 20 in force at 1.4.2022, see reg. 1

Work-related activity componentS

21.  The applicant is entitled to the work-related activity component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work.

Commencement Information

I23Sch. 1 para. 21 in force at 1.4.2022, see reg. 1

Support componentS

22.  The applicant is entitled to the support component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work-related activity.

Commencement Information

I24Sch. 1 para. 22 in force at 1.4.2022, see reg. 1

Amount of work-related activity componentS

23.  The amount of the work-related activity component is [F49£30.60].

Textual Amendments

Commencement Information

I25Sch. 1 para. 23 in force at 1.4.2022, see reg. 1

Amount of support componentS

24.  The amount of the support component is [F50£40.60].

Textual Amendments

Commencement Information

I26Sch. 1 para. 24 in force at 1.4.2022, see reg. 1

(1)

Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c.21) and amended by paragraph 48 of schedule 24 of the Civil Partnership Act 2004 (c.33), paragraph 12 of schedule 1 of the Child Benefit Act 2005 (c.6) and S.I. 2019/1458.

(2)

Regulation 24 was amended by section 14(5)(a) of the Welfare Reform and Work Act 2016 (c.7) and S.I. 2014/2888.

(3)

Regulation 29 was amended by S.I. 2015/1754 and S.I. 2017/204.

(5)

Section 2 was amended by section 47 of, and schedule 10 of, the Trade Union Reform and Employment Rights Act 1993 (c.19), paragraph 20 of schedule 26 of the Equality Act 2010 (c.15) and S.I. 1999/1820.

(6)

Section 2 was substituted by section 25 of the Employment Act 1988 (c.19) and amended by paragraph 29 of schedule 7 of the Employment Act 1989 (c.38) and section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).

(7)

Section 2 was amended by section 47 of, and schedule 10 of, the Trade Union Reform and Employment Rights Act 1993 (c.19), paragraph 20 of schedule 26 of the Equality Act 2010 (c.15) and S.I. 1999/1820.

(8)

Regulation 20(1)(f) was amended by S.I. 2012/848.

(13)

1978 c.29.

(14)

2006 c.41. Paragraph 9(1) was substituted by section 17(10) of the Health and Social Care Act 2012 (c.7).

(16)

Section 30B was inserted by S.I. 1994/2926.

(17)

S.I. 1995/311. Regulation 13A was inserted by S.I. 1998/2231. Regulation 13A(1) was amended by S.I. 2006/2378.

(18)

Regulation 39 was amended by S.I. 2014/597.

(20)

Regulation 29 was amended by S.I. 2015/1754 and S.I. 2017/204.

(21)

2001 c.11. Section 6B was inserted by section 24 of the Welfare Reform Act 2009 (c.24) and amended by sections 113, 118 and 119, paragraph 58 of schedule 2, paragraph 16 of schedule 3, paragraph 1 of schedule 14 and paragraph 117 of schedule 24 of the Welfare Reform Act 2012 (c.5) (“the 2012 Act”) and schedule 24 of the Sentencing Act 2020 (c.17). Section 7 was amended by paragraph 45 of schedule 2 of the State Pension Credit Act 2002 (c.16), section 49 and paragraph 23 of schedule 3 of the Welfare Reform Act 2007 (c.5), paragraph 2 of schedule 4 and paragraph 1 of schedule 7 of the Welfare Reform Act 2009 (c.24), section 118, 119, paragraph 59 of schedule 2 and paragraph 1 of schedule 14 of the 2012 Act and S.I. 2011/2298.

(24)

Section 1A was inserted by section 51 of the 2012 Act and amended by paragraph 26 of schedule 3 and paragraph 1 of schedule 14 of that Act.