13.—(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 claimant or a lone parent—
(i)he is in receipt of attendance allowance, and
(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and
(iii)F1... an invalid care allowance under section 37 of the Social Security Act F2 [F3is not in payment to anyone] in respect of caring for him;
(b)if he has a partner—
(i)he is in receipt of attendance allowance; 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
(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him,
and, either [F4an invalid care allowance is in payment to someone] 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 maybe, [F4such an allowance is not in payment to anyone] in respect of caring for either member of the couple or any partner of the polygamous marriage.
(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 allowance; or
(b)a person to whom regulation 3(3) (non-dependants) applies; or
(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.
[F5(3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—
(a)attendance allowance if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
(b)invalid care allowance 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 in receipt.]
(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.
Textual Amendments
F1Words in Sch. 2 para. 13(2)(a)(iii) omitted (9.10.1989) by virtue of The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)
F2Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2).
F3Words in Sch. 2 para. 13(2)(a)(iii) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)
F4Words in Sch. 2 para. 13(2)(b) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(ii)
F5Sch. 2 para. 13(3A) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(d)
Commencement Information
I1Sch. 2 para. 13 in force at 11.4.1988, see reg. 1