SCHEDULE 1Applicable amount
PART 4Disability premiums
I47
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.
I58
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.
I69
The following premiums, namely—
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.
I710
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—
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 1990237 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.
Disability premiumI811
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
F8b
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).
Additional condition for the disability premiumI112
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 F1, 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 Regulations238, 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 2014239 and the applicant remained continuously entitled to council tax benefit under the Council Tax Benefit (General) Regulations 1992240 or the Council Tax Benefit Regulations 2006241 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 2005242,
F9iiia
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 1978243 (“the 1978 Act”), paragraph 9(1) of schedule 1 of the National Health Service Act 2006244 (“the 2006 Act”) or article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972245 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 Act246, 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 1995247 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.
F148
The applicant is not entitled to the disability premium if—
a
the applicant has, or is treated as having, limited capability for work or limited capability for work-related activity, or
b
where the applicant’s partner has an award of universal credit, or the applicant and their partner have a joint award of universal credit, the applicant’s partner has, or is treated as having, limited capability for work or limited capability for work-related activity.
9
For the purposes of this paragraph—
a
“limited capability for work”—
i
has the meaning given to it in regulation 39 of the 2013 Regulations, where the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit,
ii
in all other cases, has the meaning given to it in section 1(4) of the 2007 Act, and
b
“limited capability for work-related activity” has the meaning given to “limited capability for work and work-related activity” in regulation 40 of the 2013 Regulations, where the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit.
Severe disability premiumI213
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 F2, 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 F26, carer support payment payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023249, or has an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations250, 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 F3, 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 F4, 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, F21 carer support payment 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, F21carer support payment 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 F5, 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 F6, 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 F22, carer support payment or as having an award of universal credit which includes the F10carer 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 F22, carer support payment 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, F23carer support payment, or of universal credit which includes the F11carer 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 F24, carer support payment or as having an award of universal credit which includes the F12carer element described in regulation 29 of the 2013 Regulations include references to a person who would have been in receipt of that allowance F25, payment 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)251.
Enhanced disability premiumI314
F131
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,
F15aa
where the applicant’s partner has an award of universal credit, or the applicant and their partner have a joint award of universal credit, the Secretary of State has decided that the applicant’s partner 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 F16regulation 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 F19or the applicant’s partner,
e
armed forces independence payment is payable in respect of the applicant or the applicant’s partner, F20...
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 partnerF18, or
g
attendance allowance is 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—
F7a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 2005253, and
c
“limited capability for work-related activity”—
i
F17in the case of an applicant who has an award of universal credit, in the case where the partner of an applicant has an award of universal credit, or in the case where the couple jointly 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.
Persons in receipt of concessionary paymentsI915
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.
Persons in receipt of benefit for anotherI1016
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.