C4C8C11C10SCHEDULE 2APPLICABLE AMOUNTS

Regulations 17F8(1) and 18

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C8

Sch. 2 applied (with modifications) (8.4.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(b), 24(2))

C8PART Ipersonal allowances

Regulations 17F8(1)(a) and (b) and 18(a) (b) and (c)

F201I1C91

The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages)—

(1)

(2)

Person or Couple

Amount

1

Single claimant aged—

1

a

except where head (b) or (c) of this sub-paragraph applies, less than 18;

a

£71.70;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£71.70;

c

less than 18 who satisfies the condition in paragraph 11(1)(a);

c

£71.70;

d

not less than 18 but less than 25;

d

£71.70;

e

not less than 25.

e

£90.50.

2

Lone parent aged—

2

a

except where head (b) or (c) of this sub-paragraph applies, less than 18;

a

£71.70;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£71.70;

c

less than 18 who satisfies the condition in paragraph 11(1)(a);

c

£71.70;

d

not less than 18.

d

£90.50.

3

Couple—

3

a

where both members are aged less than 18 and—

i

at least one of them is treated as responsible for a child; or

ii

had they not been members of a couple, each would have qualified for income support under regulation 4ZA or income-related employment and support allowance; or

iii

the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

iv

there is in force in respect of the claimant’s partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

a

£108.30;

b

where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;

b

£71.70;

c

where both members are aged less than 18 and heads (a) and (b) do not apply;

c

£71.70;

d

where both members are aged not less than 18;

d

£142.25;

e

where one member is aged not less than 18 and the other member is a person under 18 who—

i

qualifies for income support under regulation 4ZA or income-related employment and support allowance, or who would so qualify if he were not a member of a couple; or

ii

satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

iii

is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

e

£142.25;

f

where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

i

would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and

ii

does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

iii

is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

f

£71.70;

g

where the claimant is aged not less than 25 and his partner is a person under 18 who—

i

would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and

ii

does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

iii

is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).

g

£90.50.

F441A

1

The circumstances referred to in paragraph 1 are that—

a

the person has no parents nor any person acting in the place of his parents;

b

the person—

i

is not living with his parents nor any person acting in the place of his parents; and

ii

in England and Wales, was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his; or in Scotland, was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applied immediately before he attained the age of 16;

c

the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

i

as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

ii

in order to avoid physical or sexual abuse; or

iii

because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

d

the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

i

chronically sick or mentally or physically disabled; or

ii

detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or

iii

prohibited from entering or re-entering Great Britain; or

e

the person of necessity has to live away from his parents and any person acting in the place of his parents because—

i

he is estranged from his parents and that person; or

ii

he is in physical or moral danger; or

iii

there is a serious risk to his physical or mental health.

2

In this paragraph—

a

“chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);

b

in England and Wales, any reference to a person acting in place of a person’s parents includes a reference to—

i

where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or

ii

in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act;

c

in Scotland, any reference to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them.

I2F1632

F91(1)The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

(1)

(2)

Child or Young Person

Amount

Person in respect of the period—

(a)

beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)

F202£83.24

(b)

beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.

(b)

F203£83.24.

F452

In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.

F842A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIfamily premium

Regulations 17F8(1)(c) and 18(d)

I33

F92F501

The weekly amount for the purposes of regulations 17F8(1)(c) F9and 18(1)(d) in respect of a family of which at least one member is a child or young person shall be

F46a

where the claimant is a lone parent F49to whom the conditions in both sub-paragraphs (2) and (3) apply and no premium is applicable under paragraph 9, 9A, 10 or 11, F204£19.15

b

in any other case,F205£19.15.

F512

The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

a

was both a lone parent and entitled to income support on 5th April 1998; or

b

does not come within head (a) above but—

i

was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

ii

was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

iii

the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

3

The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

4

The appropriate date for the purposes of sub-paragraph (3) is—

a

in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

b

in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

5

For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

a

a lone parent; or

b

entitled to income support; or

c

both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

6

In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.

F547

For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.

C8PART IIIpremiums

Regulations 17F8(1)(d) and 18(e)

I44

Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17F8(1)(d) F10and 18(1)(e), be applicable to a claimant who satisfies the condition specified in F47F65paragraphs 9F65paragraphs 8AF16to 14ZA in respect of that premium.

I55

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

Annotations:
Commencement Information
I5

Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

F666

1

Subject to sub-paragraph (2), the following premiums, namely—

a

a severe disability premium to which paragraph 13 applies;

b

an enhanced disability premium to which paragraph 13A applies;

c

F93a disabled child premium to which paragraph 14 applies; and

d

a carer premium to which paragraph 14ZA applies,

may be applicable in addition to any other premium which may apply under this Schedule.

2

An enhanced disability premium in respect of a person shall not be applicable in addition to—

a

a pensioner premium under paragraph 9 or 9A; or

b

a higher pensioner premium under paragraph 10.

I67

F171

F18Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—

a

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F1 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; F182...

b

for any period spent by a person in undertaking a course of training or instruction provided or approved by the F43Secretary of State F112... under section 2 of the Employment and Training Act 1973 F2F20or by F113Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,F12or for any period during which he is in receipt of a training allowanceF183and

F184c

in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.

F192

For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of F70carer’s allowance by virtue of sub-paragraph (1)(a) F185or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance F186or payment has been claimed remains in receipt of attendance allowance F23, F126... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF164, the care component of child disability payment at the highest or middle rate prescribed in accordance with the regulation 11(5) of the DACYP RegulationsF127or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF169, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F128or armed forces independence payment.

C8Lone Parent PremiumF488

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C8 Bereavement PremiumF1118A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C8Pensioner premium for persons under 75F829

The condition is that the claimant has a partner aged F115not less than the qualifying age for state pension credit but less than 75.

C8Pensioner premium for persons 75 and overF859A

The condition is that the claimant has a partner aged not less than 75 but less than 80.

C8Higher Pensioner PremiumI710

F831

F103Subject to sub-paragraph (6), the condition is that—

a

the claimant’s partner is aged not less than 80; or

b

the claimant’s partner is aged less than 80 but F116not less than the qualifying age for state pension credit and either—

i

the additional condition specified in F86paragraph 12(1)(a), (c) or (d) is satisfied; or

ii

the claimant was entitled to, or was treated as being in receipt of, income support and—

aa

the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of F118the day his partner attained the qualifying age for state pension credit; and

bb

he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained F119the qualifying age for state pension credit.

3

For the purposes of this paragraph and paragraph 12—

a

once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to F56or treated as entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

b

in so far as F81sub-paragraph (1)(b)(ii) is concerned, if a claimant ceases to be entitled to F56or treated as entitled to income support for a period not exceeding eight weeks which includes F117the day his partner attained the qualifying age for state pension credit, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

F524

In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)F100... and (3)(b) to a period of 8 weeks shall be treated as references to a period of F98104 weeks.

F555

For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.

F1026

The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.

C8Disability PremiumI811

F1041

F105Subject to sub-paragraph (2), the condition is that—

a

where the claimant is a single claimant or a lone parent,F78... the additional condition specified in paragraph 12 is satisfied; or

b

where the claimant has a partner, either—

F79i

the claimant satisfies the additional condition specified in F87paragraph 12(1)(a), (b), (c) or (d); or

ii

his partner F120has not attained the qualifying age for state pension credit and the additional condition specified in F88paragraph 12(1)(a), (c) or (d) is satisfied by his partner.

F1062

The condition is not satisfied if—

a

the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

b

the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

c

the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

i

a long-term patient; and

ii

the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.

C8Additional condition for the Higher Pensioner and Disability PremiumsI912

C31

Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

a

the claimant or, as the case may be, his partner—

i

is in receipt of one or more of the following benefits: attendance allowance, F24disability living allowance, F129armed forces independence payment,F130personal independence payment,F170adult disability payment,F71the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, mobility supplement, F39long-term incapacity benefit under F33Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that ActF5but, in the case of F39long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him; or

ii

is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F3 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F4 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

F148iii

is certified as severely sight impaired or blind by a consultant ophthalmologist; or

C5F38b

the claimant—

i

is entitled to statutory sick pay or F41is, or is treated as, incapable of work, in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and

ii

has been so entitled or so incapableF42, or has been treated as so incapable, for a continuous period of not less than—

aa

196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or

bb

F96subject to F107paragraph 2A of Schedule 7, 364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and

F80c

the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act F162or a state pension under Part 1 of the Pensions Act 2014 and—

i

the claimant has since remained continuously entitled to income support;

ii

the higher pensioner premium or disability premium has been applicable to the claimant; and

iii

the partner is still alive;

d

except where paragraph F972A F108... of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance F131, disability living allowance F171, personal independence payment or adult disability payment —

i

but payment of that benefit has been suspended under the F94Social Security (Attendance Allowance) Regulations 1991 F132, the Social Security (Disability Living Allowance) Regulations 1991 or regulations made under section 86(1) (hospital in-patients) of the 2012 Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and

ii

a higher pensioner premium or disability premium has been applicable to the claimant.

C6F531A

In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of F99104 weeks.

F1492

For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

F403

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

For the purpose of F89sub-paragraph (1)(c) and (d), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in F89sub-paragraph (1)(c) and (d).

C7F115

For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 F13or for any period during which he is in receipt of a training allowance.

F376

For the purposes of F90sub-paragraph (1)(a)(i) and (c), a reference to a person in receipt of long-term incapacity benefit includes a person 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 Contributions and Benefits 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 him is or was equal to or greater than the long-term rate.

F957

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C8Severe Disability PremiumI1013

1

The condition is that the claimant is a severely disabled person.

2

For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

a

in the case of a single claimantF30, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)—

i

he is in receipt of attendance allowanceF25, F133... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF134or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF172, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F140or armed forces independence payment, and

C1ii

subject to sub-paragraph (3), he has no non-dependants aged 18 or over F35normally residing with him or with whom he is normally residing, and

F61iii

no person is entitled to, and in receipt of, F70a carer’s allowance under section 70 of the Contributions and Benefits Act F187or carer support paymentF154or has an award of universal credit which includes the carer element in respect of caring for him;

b

F57in the case of a claimant who has a partner—

i

he is in receipt of attendance allowanceF26, F135... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF136or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF173, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F141or armed forces independence payment; and

ii

his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

C2iii

subject to sub-paragraph (3), he has no non-dependants aged 18 or over F36normally residing with him or with whom he is normally residing,

and, either F58a person is entitled to, and in receipt of, F70a carer’s allowanceF188or carer support paymentF155or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowanceF189or paymentF156or has such an award of universal credit in respect of caring for either member of the couple or any partner of the polygamous marriage.

F292A

Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is F150severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

3

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

a

a person receiving attendance allowanceF27, F137... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF138or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF174, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F142or armed forces independence payment; or

F32b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person; F31or

d

a person who is F151severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2).

F63A

For the purposes of sub-paragraph (2)(b) a person shall be treatedF60...—

a

F59as being in receipt of attendance allowanceF28, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

F62b

as being entitled to and in receipt of F70a carer’s allowanceF190or carer support paymentF157or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt F158of carer’s allowance F190or carer support payment or have such an award of universal credit.

F139c

as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receiptF175;

d

as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the F180Disability Assistance for Working Age People (Scotland) Regulations 2022, if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt

F343ZA

For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of F70carer’s allowanceF191, carer support paymentF159or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before F101the date on which the award is first paid.

4

Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.

F675

In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of F70a carer’s allowanceF160or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance F161or had such an award but for the application of a restriction under section F1146B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

F1536

For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.

C8F64Enhanced disability premiumC1413A

F143F1441

Subject to sub-paragraph (2), the condition is that—

a

the claimant; or

b

the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,

is a person to whom sub-paragraph (1ZA) applies.

F1441ZA

This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

a

armed forces independence payment is payable to that person;

b

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 Contributions and Benefits Act or but for an abatement as a consequence of hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; F165...

F166ba

the care component of child disability payment is payable to that person at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations); F176...

c

the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that ActF177or

d

the daily living component of adult disability payment is, or would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the F181Disability Assistance for Working Age People (Scotland) Regulations 2022, be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations.

F1211A

Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant F125or partner is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).

F1092

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

C12a

a child or young person—

i

whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

ii

who is a long-term patient;

b

a single claimant or a lone parent and (in either case) is a long-term patient;

c

a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

d

a member of a couple or polygamous marriage who—

i

is a long-term patient; and

ii

is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.

C8Disabled Child PremiumF11014

1

Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

a

in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; F122...

F167aa

in receipt of child disability payment;

b

F152severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2)F123; or

c

a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s deathF145; or

d

a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt provided that the young person continues to be a member of the familyF146; or

F178da

a young person who is in receipt of adult disability payment or who would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt provided that the young person continues to be a member of the family; or

F146e

in receipt of armed forces independence payment.

2

The condition F124in sub-paragraph (1)(a) F168, (aa)F147, (b), (d) F179, (da) or (e) is not satisfied in respect of a child or young person—

C13C15a

whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

b

who is a long-term patient.

C8F15Carer premium14ZA

1

F22Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, F63entitled to F70a carer’s allowance under section 70 of the Contributions and Benefits ActF197or carer support payment.

F722

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F683

Where a carer premium is awarded but—

a

the person in respect of whose care the F70carer’s allowanceF192or carer support payment 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 F73...to F70a carer’s allowanceF192or carer support payment,

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

3A

The relevant date for the purposes of sub-paragraph (3) above shall be—

a

F74where sub-paragraph (3)(a) applies, the Sunday following the death of the person in respect of whose care F70a carer’s allowanceF193or carer support payment has been awarded or the date of death if the death occurred on a Sunday;

F75b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in any other case, the date on which the person who has been entitled to F70a carer’s allowanceF193or carer support payment ceases to be entitled to that allowance F196or payment.

4

Where a person who has been entitled to F70a carer’s allowanceF194or carer support payment ceases to be entitled to that allowance F195or payment and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–

F69a

the person in respect of whose care the F70carer’s allowanceF194or carer support payment has been awarded dies;

F76b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F77in any other case, the person who has been entitled to a carer’s allowance F194or carer support payment ceased to be entitled to that allowance F195or payment.

C8F7Persons in receipt of concessionary payments14A

For the purpose of determining whether a premium is applicable to a person F21under paragraphs 12 to 14ZA, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

C8F14Person in receipt of benefit14B

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

C8F200PART IVWeekly amounts of premiums specified in part III

Annotations:
Amendments (Textual)
F200

Sch. 2 Pt. 4 table substituted (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up Rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(5), Sch. 3

Premium

Amount

15

2

Pensioner premium for persons to whom paragraph 9 applies.

2

£190.70.

2A

Pensioner premium for persons to whom paragraph 9A applies.

2A

£190.70.

3

Higher pensioner premium for persons to whom paragraph 10 applies.

3

£190.70.

4

Disability Premium—

a

where the claimant satisfies the condition in paragraph 11(1)(a);

4

a

£42.50;

b

where the claimant satisfies the condition in paragraph 11(1)(b).

b

£60.60.

5

Severe Disability Premium—

a

where the claimant satisfies the condition in paragraph 13(2)(a);

5

a

£81.50;

b

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

b

i

if there is someone in receipt of a carer’s allowance F198or carer support payment, or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

i

£81.50;

ii

if no-one is in receipt of such an allowance F199or payment.

ii

£163.00.

6

Disabled Child Premium.

6

£80.01 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

7

Carer Premium.

7

£45.60 in respect of each person who satisfied the condition specified in paragraph 14ZA.

8

Enhanced disability premium where the conditions in paragraph 13A are satisfied.

8

a

£32.20 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

b

£20.85 in respect of each person who is neither—

i

a child or young person; nor

ii

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

c

£29.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

PART Vrounding of fractions

I1116

Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.