The Income Support (General) Regulations 1987

Disability Premiums

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) no-one is in receipt of an invalid care allowance under section 37 of the Social Security Act(1) 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 there is someone in receipt of an invalid care allowance 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, there is no one in receipt of such an allowance 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.

(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.

(1)

Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2).