[Enhanced disability premiumE+W+S
13A.—[[(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.]
[(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; ...
[(ba)the care component of child disability payment is payable to that person at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations); ...]
(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]][or
(d)the daily living component of adult disability payment is, or would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability for Working Age People (Scotland) Regulations 2022, be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations.]
[(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 [or 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).]
[(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
Modifications etc. (not altering text)