The Income Support (General) Regulations 1987

Regulations 17[F1 (1)](d) and 18(e)

PART III E+W+S premiums

4.  Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17 [F1 (1)](d) [F2 and 18(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs [F3 8 to 14ZA] in respect of that premium. E+W+S

Textual Amendments

F1 Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19

F2 Words in Sch. 2 para. 4 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(c)

F3 Words in Sch. 2 para. 4 substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(a) (with reg. 1(2))

Commencement Information

I1 Sch. 2 para. 4 in force at 11.4.1988, see reg. 1

5.  Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply. E+W+S

Commencement Information

I2 Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

6.—(1) The severe disability premium to which paragraph 13 applies may be applicable in addition to [F4 any other premium which may apply under this Schedule.] E+W+S

(2) [F5 The disabled child premium and the carer premium to which paragraphs 14 and 14ZA respectively apply] may be applicable in addition to any other premium which may apply under this Schedule.

Textual Amendments

F4 Words in Sch. 2 para. 6(1) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(d)

F5 Words in Sch. 2 para. 6(2) substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(b) (with reg. 1(2))

Commencement Information

I3 Sch. 2 para. 6 in force at 11.4.1988, see reg. 1

7.— [F6 (1)] [F7 Subject to sub-paragraph (2)] for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F8 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F9 Secretary of State for Employment] under section 2 of the Employment and Training Act 1973 F10 [F11 or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F12 or for any period during which he is in receipt of a training allowance].

[F13 (2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance.]

Textual Amendments

F6 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))

F7 Words in Sch. 2 para. 7(1) inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))

F8 S.I. 1979/597.

F9 Words in Sch. 2 para. 7(b) substituted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 2(1)(e) (with reg. 1(2))

F10 1973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

F11 Words in Sch. 2 para. 7(1)(b) added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(d)

F12 Words in Sch. 2 para. 7(b) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(e)

F13 Sch. 2 para. 7(2) added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(ii) (with reg. 1(2))

Commencement Information

I4 Sch. 2 para. 7 in force at 11.4.1988, see reg. 1

Lone Parent Premium E+W+S

8.  The condition is that the claimant is a member of a family but has no partner.

Commencement Information

I5 Sch. 2 para. 8 in force at 11.4.1988, see reg. 1

[F14 Pensioner premium for persons under 75 E+W+S

9.   The condition is that the claimant–

(a) is a single claimant or lone parent aged not less than 60 but less than 75; or

(b) has a partner and is, or his partner is, aged not less than 60 but less than 75.

Textual Amendments

F14 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(a)

Commencement Information

I6 Sch. 2 para. 9 in force at 11.4.1988, see reg. 1

Pensioner premium for persons 75 and over E+W+S

9A.   The condition is that the claimant–

(a) is a single claimant or lone parent aged not less than 75 but less than 80; or

(b) has a partner and is, or his partner is, aged not less than 75 but less than 80.]

Textual Amendments

F14 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(a)

Higher Pensioner Premium E+W+S

10.—(1) Where the claimant is a single claimant or a lone parent, the condition is that—

(a) he is aged not less than 80; or

(b) he is aged less than 80 but not less than 60, and

(i) the additional condition specified in paragraph 12(1)(a) [F15 or (c)] is satisfied; or

(ii) he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

(2) Where the claimant has a partner, the condition is that—

(a) he or his partner is aged not less than 80; or

(b) he or his partner is aged less than 80 but not less than 60 and either—

(i) the additional condition specified in paragraph 12(1)(a) [F15 or (c)] is satisfied by whichever of them is aged not less than 60; or

(ii) he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

(3) For the purposes of this paragraph and paragraph 12—

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are concerned, if a claimant ceases to be entitled to income support for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

Textual Amendments

F15 Words in Sch. 2 para. 10 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(a)

Commencement Information

I7 Sch. 2 para. 10 in force at 11.4.1988, see reg. 1

Disability Premium E+W+S

11.  The condition is that—

(a) where the claimant is a single claimant or a lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or

(b) where the claimant has a partner, either—

(i) the claimant is aged less than 60 and the additional condition specified in paragraph [F16 12(1)(a), (b) or (c)] is satisfied by him; or

(ii) his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) [F17 or (c)] is satisfied by his partner.

Textual Amendments

F16 Words in Sch. 2 para. 11(b)(i) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(b)(i)

F17 Words in Sch. 2 para. 11(b)(ii) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(b)(ii)

Commencement Information

I8 Sch. 2 para. 11 in force at 11.4.1988, see reg. 1

Additional condition for the Higher Pensioner and Disability Premiums E+W+S

12.—(1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

(a) the claimant or, as the case may be, his partner—

(i) is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, invalidity pension under section 15 of the Social Security Act F18 , or severe disablement allowance under section 36 of that Act F19 [F20 but, in the case of invalidity pension or severe disablement allowance only where it is paid in respect of him]; or

(ii) is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F21 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F22 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

(iii) is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F23 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or

[F24 (b) the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within paragraph 5 of Schedule 1 or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;]

(c) the claimant or, as the case may be, his partner was in receipt of either—

(i) mobility allowance or invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased [F25 either on account of the maximum age for this payment being reached or the payment of a retirement pension under the Social Security Act] and the claimant has since remained continuously entitled to income support and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still alive; or

(ii) except where paragraph 1(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having undergone or having been treated as undergoing treatment for a period of more than four weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 F26

and, in either case, the higher pensioner premium or disability premium has been applicable to the claimant or his partner.

(2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4) For the purpose of sub-paragraph (1)(c), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(c).

[F27 (5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 [F28 or for any period during which he is in receipt of a training allowance].]

Textual Amendments

F18 Section 15 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4 paragraph 40, the Social Security Act 1979 (c. 18) section 21, Schedule 1, paragraph 1 and Schedule 3 paragraph 7, the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, Part I, paragraph 10 and the Social Security Act 1986 (c. 50), Schedule 10, Part V, paragraph 83.

F19 Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53), Schedule 4, paragraph 3.

F20 Words in Sch. 2 para. 12(1)(a)(i) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(i)

F21 1977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

F22 1978 c. 29.

F23 1948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

F24 Sch. 2 para. 12(1)(b) substituted (10.4.1989) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(b), 17(a)

F25 Words in Sch. 2 para. 12(1)(c)(i) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(b)

F26 S.I. 1975/548; the relevant amending instrument is S.I.1983/1015.

F27 Sch. 2 para. 12(5) added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 17(b)

F28 Words in Sch. 2 para. 12(5) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(e)

Commencement Information

I9 Sch. 2 para. 12 in force at 11.4.1988, see reg. 1

Severe Disability Premium E+W+S

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) F29 ... an invalid care allowance under section 37 of the Social Security Act F30 [F31 is not in payment to anyone] 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 [F32 an invalid care allowance is in payment to someone] 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, [F32 such an allowance is not in payment to anyone] 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.

[F33 (3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—

(a) attendance allowance if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.]

(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.

Textual Amendments

F29 Words in Sch. 2 para. 13(2)(a)(iii) omitted (9.10.1989) by virtue of The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)

F30 Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2).

F31 Words in Sch. 2 para. 13(2)(a)(iii) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)

F32 Words in Sch. 2 para. 13(2)(b) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(ii)

F33 Sch. 2 para. 13(3A) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(d)

Commencement Information

I10 Sch. 2 para. 13 in force at 11.4.1988, see reg. 1

Disabled Child Premium E+W+S

14.  The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—

(a) has no capital or capital which, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would not exceed £3,000; and

(b) is in receipt of attendance allowance or mobility allowance or both or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(c) is blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

Modifications etc. (not altering text)

C1 Sch. 2 Pt. III para. 14(a) sum confirmed (8.4.1991 for specified purposes) by The Social Security Benefits Up-rating Order 1991 (S.I. 1991/503), arts. 1(2)(f), 14(2)

Commencement Information

I11 Sch. 2 para. 14 in force at 11.4.1988, see reg. 1

[F34 Carer premium E+W+S

14ZA.— (1) The condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act.

(2) If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where–

(a) the claim for that allowance was made on or after 1st October 1990, and

(b) the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance,

he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.]

Textual Amendments

F34 Sch. 2 para. 14ZA inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(d) (with reg. 1(2))

[F35 Persons in receipt of concessionary payments E+W+S

14A.   For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.]

Textual Amendments

F35 Sch. 2 para. 14A inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(d)

[F36 Person in receipt of benefit E+W+S

14B.   For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.]

Textual Amendments

F36 Sch. 2 para. 14B inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 17