C2C6C8C7SCHEDULE 2APPLICABLE AMOUNTS

Annotations:
Modifications etc. (not altering text)
C6

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))

C6PART IIIpremiums

C6Additional condition for the Higher Pensioner and Disability PremiumsI112

C11

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, F6disability living allowance, F26armed forces independence payment,F27personal independence payment,F33adult disability payment,F15the 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, F10long-term incapacity benefit under F7Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that ActF3but, in the case of F10long-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 F1 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F2 (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

F30iii

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

C3F9b

the claimant—

i

is entitled to statutory sick pay or F12is, 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 incapableF13, 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

F21subject to F24paragraph 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

F16c

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 F32or 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 F222A F25... of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance F28, disability living allowance F34, personal independence payment or adult disability payment —

i

but payment of that benefit has been suspended under the F19Social Security (Attendance Allowance) Regulations 1991 F29, 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.

C4F141A

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 F23104 weeks.

F312

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.

F113

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

4

For the purpose of F17sub-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 F17sub-paragraph (1)(c) and (d).

C5F45

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 F5or for any period during which he is in receipt of a training allowance.

F86

For the purposes of F18sub-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.

F207

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