The severely mentally impaired3

1

The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below.

2

The qualifying benefits for the purposes of paragraph (1) are—

a

an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992 M1;

b

an attendance allowance under section 64 of that Act;

c

a severe disablement allowance under section 68 of that Act;

d

the care component of a disability living allowance under section 71 of that Act, payable at the highest rate under section 72(4)(a) or at the middle rate under section 72(4)(b) of that Act;

e

an increase in the rate of his disablement pension under section 104 of that Act (increase where constant attendance needed);

f

a disability working allowance under section 129 of that Act for which the qualifying benefit is one falling within subsection (2)(a)(i) or (ii) of that section, or is a corresponding Northern Ireland benefit;

g

an unemployability supplement under Part I of Schedule 7 to that Act;

h

a constant attendance allowance under—

i

article 14 of the Personal Injuries (Civilians) Scheme 1983 M2; or

ii

article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 M3(including that provision as applied, whether with or without modifications, by any other instrument);

i

an unemployability allowance under—

i

article 18(1) of the Personal Injuries (Civilians) Scheme 1983, or

ii

article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument).

F1j

income support where the applicable amount includes a disability premium in respect of which the additional condition in paragraph 12(1)(b) of Schedule 2 to the Income Support (General) Regulations 1987 is satisfied.