The Income Support (General) Regulations 1987

[F1 Enhanced disability premium E+W+S

13A.— (1) Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of—

(a) the claimant; or

[F2 (b) [F3 a member of the claimant’s family] [F3 the claimant’s partner (if any)] who [F4 has not attained the qualifying age for state pension credit].]

[F5 (2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who—

(i) is a long-term patient; and

(ii) is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.]]

Textual Amendments

F1 Sch. 2 para. 13A inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(1)(c), 2(c)(ii)

F2 Sch. 2 para. 13A(1)(b) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 29(5)(f)

F3 Words in Sch. 2 para. 13A(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(c)(i)

F4 Words in Sch. 2 para. 13A(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 3(5)

F5 Sch. 2 para. 13A(2) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(f)

Modifications etc. (not altering text)

C1 Sch. 2 para. 13A(2)(a): sum confirmed (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), art. 16(2)(b)