Modifications etc. (not altering text)
C1Sch. 2 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
C2Sch. 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))
13A.—[F2[F3(1) Subject to sub-paragraph (2), the condition is that—
(a)the claimant; or
(b)the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,
is a person to whom sub-paragraph (1ZA) applies.]
[F3(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—
(a)armed forces independence payment is payable to that person;
(b)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 hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; or
(c)the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that Act.]]
[F4(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant [F5or partner] is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).]
[F6(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
F1Sch. 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)
F2Sch. 2 para. 13A(1)(1ZA) substituted for Sch. 2 para. 13A(1) (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 11(5)(c)(v)
F3Sch. 2 para. 13A(1)(1ZA) substituted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 4(5)(d)
F4Sch. 2 para. 13A(1A) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(5)(a)
F5Words in Sch. 2 para. 13A(1A) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(7)
F6Sch. 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)
C3Sch. 2 para. 13A(2)(a): sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(f), 14(1)(2)(b)