- Latest available (Revised)
- Point in Time (10/04/1995)
- Original (As made)
Version Superseded: 13/04/1995
Point in time view as at 10/04/1995.
The Income Support (General) Regulations 1987, PART III is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Regulations 17[F1(1)](d) and 18(e)
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) [F2and 18(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs [F38 to 14ZA] in respect of that premium.E+W+S
Textual Amendments
F1Word 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
F2Words 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)
F3Words 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
I1Sch. 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
I2Sch. 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 [F4any other premium which may apply under this Schedule.] E+W+S
(2) [F5The 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
F4Words 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)
F5Words 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
I3Sch. 2 para. 6 in force at 11.4.1988, see reg. 1
7.—[F6(1)] [F7Subject 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 [F9Secretary of State for Employment] under section 2 of the Employment and Training Act 1973 F10 [F11or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F12or 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 [F14, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act.].]
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))
F7Words 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))
F9Words 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))
F101973 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).
F11Words 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)
F12Words 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)
F13Sch. 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))
F14Words in Sch. 2 para. 7(2) added (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(a) (with reg. 1(2))
Commencement Information
I4Sch. 2 para. 7 in force at 11.4.1988, see reg. 1
8. The condition is that the claimant is a member of a family but has no partner.
Commencement Information
I5Sch. 2 para. 8 in force at 11.4.1988, see reg. 1
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
F15 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
I6Sch. 2 para. 9 in force at 11.4.1988, see reg. 1
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
F15 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)
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) [F16or (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) [F16or (c)] is satisfiedF17...; 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
F16Words 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)
F17Words in Sch. 2 para. 10(2)(b)(i) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 6 (with reg. 1(2))
Commencement Information
I7Sch. 2 para. 10 in force at 11.4.1988, see reg. 1
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 [F1812(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) [F19or (c)] is satisfied by his partner.
Textual Amendments
F18Words 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)
F19Words 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
I8Sch. 2 para. 11 in force at 11.4.1988, see reg. 1
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, [F20disability living allowance, disability working allowance], mobility supplement, invalidity pension under [F21Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act] [F22but, 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 F23 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F24 (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 F25 (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
[F26(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—
[F27(i)invalidity pension under [F28Part II of the Contributions and Benefits Act] when entitlement to that benefit ceased on account of the payment of a retirement pension under [F28that Act] and the claimant has since remained continuously entitled to income support and, if the 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 [F29or disability living allowance but payment of benefit has been suspended in accordance with regulations made under [F30section 113(2) of the Contributions and Benefits Act 1992 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3) (special cases)],]
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).
[F31(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 [F32or for any period during which he is in receipt of a training allowance].]
Textual Amendments
F20Words in Sch. 2 para. 12(1)(a)(i) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(b) (with reg. 1(2))
F21Words in Sch. 2 para. 12(1)(a)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(2)
F22Words 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)
F231977 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).
F251948 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.
F26Sch. 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)
F27Sch. 2 para. 12(1)(c)(i) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(c) (with reg. 1(2))
F28Words in Sch. 2 para. 12(1)(c)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(3)
F29Words in Sch. 2 para. 12(1)(c)(ii) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(d) (with reg. 1(2))
F30Words in Sch. 2 para. 12(1)(c)(ii) substituted (10.4.1995) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 24 (with reg. 1(2))
F31Sch. 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)
F32Words 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
I9Sch. 2 para. 12 in force at 11.4.1988, see reg. 1
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[F33, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)]—
(i)he is in receipt of attendance allowance[F34, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act], and
(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F35normally residing with him or with whom he is normally residing,] and
(iii)F36... an invalid care allowance under section 37 of the Social Security Act F37 [F38is 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[F39, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; 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 [F40normally residing with him or with whom he is normally residing,]
and, either [F41an 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, [F41such 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.
[F42(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.]
(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[F43, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; or
F44(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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; [F45or
(d)a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).]
[F46(3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—
(a)attendance allowance[F47, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] 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.]
[F48(3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.]
(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
F33Words in Sch. 2 para. 13(2)(a) substituted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 3(2)
F34Words in Sch. 2 para. 13(2)(a)(i) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
F35Words in Sch. 2 para. 13(2)(a)(ii) substituted (2.12.1994) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994 (S.I. 1994/3061), regs. 1, 2(3)
F36Words 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)
F37Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2).
F38Words 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)
F39Words in Sch. 2 para. 13(2)(b)(i) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
F40Words in Sch. 2 para. 13(2)(b)(iii) substituted (2.12.1994) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994 (S.I. 1994/3061), regs. 1, 2(3)
F41Words 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)
F42Sch. 2 para. 13(2A) inserted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 3(3)
F43Words in Sch. 2 para. 13(3)(a) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
F44Sch. 2 para. 13(3)(b) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(3)
F45Sch. 2 para. 13(3)(d) and word added (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 3(4)
F46Sch. 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)
F47Words in Sch. 2 para. 13(3A)(a) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
F48Sch. 2 para. 13(3ZA) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(4)
Modifications etc. (not altering text)
C1Sch. 2 para. 13(2)(a)(ii) modified (11.11.1991) by The Income Support (General) Amendment No. 6 Regulations 1991 (S.I. 1991/2334), regs. 1(1), 4(2) (with regs. 1(2), 4(1), 5, 6)
C2Sch. 2 para. 13(2)(b)(iii) modified (11.11.1991) by The Income Support (General) Amendment No. 6 Regulations 1991 (S.I. 1991/2334), regs. 1(1), 4(2) (with regs. 1(2), 4(1), 5, 6)
Commencement Information
I10Sch. 2 para. 13 in force at 11.4.1988, see reg. 1
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, [F49except as provided in regulation 44(1) (modifications in respect of children and young persons)], would not exceed £3,000; and
(b)is in receipt of [F50disability living allowance] 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).
Textual Amendments
F49Words in Sch. 2 para. 14(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(4)
F50Words in Sch. 2 para. 14(b) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(f) (with reg. 1(2))
Modifications etc. (not altering text)
C3Sch. 2 Pt. III para. 14(a) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(2)
Commencement Information
I11Sch. 2 para. 14 in force at 11.4.1988, see reg. 1
14ZA.—(1) [F52Subject to sub-paragraphs (3) and (4),] 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[F53, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act],
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.]
[F54(3) Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.
(4) Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt, of that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date that the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.]
Textual Amendments
F51Sch. 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))
F52Words in Sch. 2 para. 14ZA(1) inserted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 15(d)(i) (with reg. 1(2))
F53Words in Sch. 2 para. 14ZA(2)(b) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(g) (with reg. 1(2))
F54Sch. 2 para. 14ZA(3)(4) added (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 15(d)(ii) (with reg. 1(2))
14A. For the purpose of determining whether a premium is applicable to a person [F56under paragraphs 12 to 14ZA], 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
F55Sch. 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)
F56Words in Sch. 2 para. 14A substituted (5.8.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(a), 15(e) (with reg. 1(2))
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
F57Sch. 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
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: