The Income Support (General) Regulations 1987

[F1Enhanced disability premiumE+W+S

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; F4...

[F5(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); F6...]

(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]][F7or

(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 [F8Disability Assistance for Working Age People (Scotland) Regulations 2022], be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations.]

[F9(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 [F10or 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).]

[F11(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)

F9Sch. 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)

F11Sch. 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)

C1Sch. 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))

C2Sch. 2 para. 13A(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 20(2)(b)

C3Sch. 2 para. 13A(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(i), 21(2)(b)