C3C4C6C5SCHEDULE 2APPLICABLE AMOUNTS

Annotations:
Modifications etc. (not altering text)
C4

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))

C4PART IIIpremiums

C4Severe Disability PremiumI113

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 claimantF7, 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 allowanceF2, F23... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF24or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF44, 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 2022F30or armed forces independence payment, and

C1ii

subject to sub-paragraph (3), he has no non-dependants aged 18 or over F11normally residing with him or with whom he is normally residing, and

F17iii

no person is entitled to, and in receipt of, F20a carer’s allowance under section 70 of the Contributions and Benefits Act F49or carer support paymentF36or has an award of universal credit which includes the carer element in respect of caring for him;

b

F13in the case of a claimant who has a partner—

i

he is in receipt of attendance allowanceF3, F25... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF26or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF45, 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 2022F31or 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 F12normally residing with him or with whom he is normally residing,

and, either F14a person is entitled to, and in receipt of, F20a carer’s allowanceF50or carer support paymentF37or 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 allowanceF51or paymentF38or has such an award of universal credit in respect of caring for either member of the couple or any partner of the polygamous marriage.

F62A

Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is F33severely 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 allowanceF4, F27... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF28or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF46, 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 2022F32or armed forces independence payment; or

F9b

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

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; F8or

d

a person who is F34severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2).

F13A

For the purposes of sub-paragraph (2)(b) a person shall be treatedF16...—

a

F15as being in receipt of attendance allowanceF5, 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;

F18b

as being entitled to and in receipt of F20a carer’s allowanceF52or carer support paymentF39or 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 F40of carer’s allowance F52or carer support payment or have such an award of universal credit.

F29c

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 receiptF47;

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 F48Disability 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

F103ZA

For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of F20carer’s allowanceF53, carer support paymentF41or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before F21the 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.

F195

In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of F20a carer’s allowanceF42or 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 F43or had such an award but for the application of a restriction under section F226B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

F356

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.