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Version Superseded: 06/10/2003
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10.—(1) Where the claimant is a single claimant or a lone parent, the condition is that—
(a)he is aged not less than 80; or
(b)he is aged less than 80 but not less than 60, and
(i)the additional condition specified in paragraph 12(1)(a) [F1or (c)] is satisfied; or
(ii)he was entitled to [F2, or was treated as being in receipt of, income support and 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 his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.
(2) Where the claimant has a partner, the condition is that—
(a)he or his partner is aged not less than 80; or
(b)he or his partner is aged less than 80 but not less than 60 and either—
(i)the additional condition specified in paragraph 12(1)(a) [F1or (c)] is satisfiedF3...; or
(ii)he was entitled to [F4, or was treated as being in receipt of, income support and 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 his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.
(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 [F5or 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 sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are concerned, if a claimant ceases to be entitled to [F5or treated as entitled to] income support for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.
[F6(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii) and (3)(b) to a period of 8 weeks shall be treated as references to a period of 52 weeks.]
[F7(5) 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.]
Textual Amendments
F1Words in Sch. 2 para. 10 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(a)
F2Words in Sch. 2 para. 10(1)(b)(ii) substituted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(3)(b)(i)
F3Words in Sch. 2 para. 10(2)(b)(i) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 6 (with reg. 1(2))
F4Words in Sch. 2 para. 10(2)(b)(ii) substituted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(3)(b)(i)
F5Words in Sch. 2 para. 10(3)(a)(b) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(3)(b)(ii)
F6Sch. 2 para. 10(4) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 13(3)(a)
F7Sch. 2 para. 10(5) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(3)(b)(iii)
Commencement Information
I1Sch. 2 para. 10 in force at 11.4.1988, see reg. 1
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