SCHEDULE 1 APPLICABLE AMOUNTS
PART 1 PERSONAL ALLOWANCES
1.
The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83F1, 84(1), 86A and 86B (applicable amounts and polygamous marriages).
(1) | (2) |
|---|---|
Person or Couple | Amount |
(1) Single claimant aged– (a) except where head (b) or (c) of this sub-paragraph applies, less than 18; | (1)(a) F2£31.95 |
(b) less than 18 who falls within paragraph (2) of regulation 57 and who– is a person to whom regulation 59, 60 or 61 applies F3...; or (ii) is the subject of a direction under section 16; | (b) F2£42.00 |
(c) less than 18 who satisfies the condition in paragraph 13(a) of Part 3; | (c) F2£42.00 |
(d) not less than 18 but less than 25; | (d) F2£42.00 |
(e) not less than 25. | (e) F2£53.05 |
(2) Lone parent aged– (a) except where head (b) or (c) of this sub-paragraph applies, less than 18; | (2)(a) F2£31.95 |
(b) less than 18 who falls within paragraph (2) of regulation 57 and who– (i) is a person to whom regulation 59, 60 or 61 applies F4...; or (ii) is the subject of a direction under section 16; | (b) F2£42.00 |
(c) less than 18 who satisfies the condition in paragraph 13(a) F5of Part 3; | (c) F2£42.00 |
(d) not less than 18. | (d) F2£53.05 |
(3) Couple– (a) where both members are aged less than 18 and– (i) at least one of them is treated as responsible for a child; or (ii) had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied or (iii) had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; or (iv) F6they are married and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or (iva) they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or (v) there is a direction under section 16 (jobseeker’s allowance in cases of severe hardship) in respect of each member; or (vi) there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies F7...; or (vii) there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it; | (3)(a) F2£63.35 |
(b) where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either— (i) is a person to whom regulation 59, 60 or 61 applies F8...; or (ii) is the subject of a direction under section 16 of the Act; | (b) F2£42.00 |
(c) where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple— (i) is a person to whom regulation 59, 60 or 61 applies F9...; or (ii) is the subject of a direction under section 16; | (c) F2£31.95 |
(d) where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a); | (d) F2£42.00 |
(e) where both members are aged not less than 18; | (e) F2£83.25 |
(f) where one member is aged not less than 18 and the other member is a person under 18 who— (i) is a person to whom regulation 59, 60 or 61 applies F10...; or (ii) is the subject of a direction under section 16; and (iii) satisfies requirements for entitlement to income support other than the requirement to make a claim for it; | (f) F2£83.25 |
(g) where one member is aged not less than 18 but less than 25 and the other member is a person under 18— (i) to whom none of the regulations 59 to 61 applies; or (ii) who is not the subject of a direction under section 16; and (iii) does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it; | (g) F2£42.00 |
(h) where one member is aged not less than 25 and the other member is a person under 18— (i) to whom none of the regulations 59 to 61 applies; or (ii) is not the subject of a direction under section 16; and (iii) does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it. | (h) F2£53.05 |
2.
F11(1)
The weekly amounts specified in column (2) below in respect of each person specified in column (1) shallF12, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).
(1) | (2) |
|---|---|
Child or Young Person | Amount |
F13Person in respect of the period— | |
(a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday; | (a) F14£32.95 |
(b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday. | (b) F15£33.75 |
F16(2)
In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.
3.
(1)
The weekly amount for the purposes of regulations 83(c)F21, 84(1)(d), 86A(b) and 86B(c) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—
(a)
except in a case to which head (b) applies, F2£63.30; and
(b)
where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), F2£70.45.
(2)
Subject to sub-paragraphs (3), (4) and (5), the conditions are–
(a)
the person resides in a residential care home or a nursing home or is regarded pursuant to sub-paragraph (5) as residing in such a home;
(b)
the person both requires personal care F22by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home;
(c)
he does not have a preserved right;
(d)
he is aged 16 or over;
(e)
both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and
(f)
no part of the weekly charge for accommodation is met by housing benefit.
(3)
For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—
(a)
(b)
is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or
(c)
is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 F25 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 F26 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;
and a person resides in a nursing home where the home in which he resides is such a home within the meaning of regulation 1(3).
(4)
A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice" means a nursing home which—
(a)
if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or
(b)
if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that ActF27, and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages.
(5)
For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or a nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside at that home
(a)
where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose—
(i)
“patient" has the meaning it has in Schedule 5 by virtue of regulation 85, and
(ii)
periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and
(b)
for the first three weeks of any other period of absence.
(6)
Where–
(a)
a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and
(b)
an application for registration under that Act has been made by another person and that application has not been determined or abandoned,
then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.
PART II FAMILY PREMIUM
4.
F28(1)
The weekly amount for the purposes of regulations 83(d) and 84(1)(e) in respect of a family of which at least one member is a child or young person shall be-
F29(a)
(b)
in any other case, F33£14.50.
(2)
F34The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—
(a)
was both a lone parent and entitled to an income-based jobseeker’s allowance on 5th April 1998; or
(b)
does not come within head (a) above but—
(i)
was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;
(ii)
was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks commencing on 6th April 1998; and
(iii)
the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.
(3)
The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to an income-based jobseeker’s allowance.
(4)
The appropriate date for the purposes of sub-paragraph (3) is—
(a)
in a case to which sub-paragraph (2)(a) applies, 6th April 1998;
(b)
in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph 2(b)(ii) applied.
(5)
For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—
(a)
a lone parent; or
(b)
entitled to an income-based jobseeker’s allowance; or
(c)
both a lone parent and entitled to an income-based jobseeker’s allowance,
the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.
(6)
In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to income support shall be treated as entitlement to an income-based jobseeker’s allowance for the purposes of any requirement that a person is entitled to an income-based jobseeker’s allowance.
F35(7)
For the purposes of this paragraph, a claimant shall be treated as having been entitled to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).
PART III PREMIUMS
5.
Except as provided in paragraph 6, the weekly premiums specified in Part IV of this Schedule shall for the purposes of regulations 83(e) and 84(1)(f), be applicable to a claimant who satisfies the condition specified in F36paragraphs 9A to 17 in respect of that premium.
6.
Subject to paragraph 7, 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.
F377.
(1)
Subject to sub-paragraph (2), the following premiums, namely—
(a)
a severe disability premium to which paragraph 15 applies;
(b)
an enhanced disability premium to which paragraph 15A applies;
(c)
a disabled child premium to which paragraph 16 applies; and
(d)
a carer premium in which paragraph 17 applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
(2)
An enhanced disability premium in respect of a person shall not be applicable in addition to—
(a)
a pensioner premium under paragraph 10 or 11; or
(b)
a higher pensioner premium under paragraph 12.
8.
(1)
Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a 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 F38 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and
F39(b)
for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State for Education and Employment under section 2 of the Employment and Training Act 1973, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.
(2)
For the purposes of the carer premium under paragraph 17, 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, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.
Lone Parent Premium
F409.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41Bereavement Premium
9A.
(1)
Subject to sub-paragraphs (2) and (3), the condition is that the claimant—
(a)
had, as at 9th April 2001, attained the age of 55 but not the age of 60;
(b)
was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the Benefits Act in respect of the death of a spouse who died on or after 9th April 2001; and
(c)
is claiming a jobseeker’s allowance as a single claimant.
(2)
A premium under sub-paragraph (1) shall not be applicable in respect of a claimant who claims a jobseeker’s allowance more than 8 weeks after the last day on which he was entitled to a bereavement allowance.
(3)
Where a claimant to whom a premium under sub-paragraph (1) is applicable, ceases to be entitled to an income-based jobseeker’s allowance or to be a single claimant, a premium under sub-paragraph (1) shall only again be applicable to that claimant where he claims a jobseeker’s allowance as a single claimant no more than 8 weeks after the date on which he ceased to be entitled to an income-based jobseeker’s allowance or to income support or, as the case may be, to be a single claimant.
Pensioner premium for persons over 60
10.
The condition is that the claimant—
(a)
is a single claimant or lone parent who has attained the age of 60; or
(b)
has attained the age of 60 and has a partner; or
(c)
has a partner and the partner has attained the age of 60 but not the age of 75.
Pensioner premium where claimant’s partner has attained the age of 75
11.
The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.
Higher Pensioner Premium
12.
(1)
The condition is that–
(a)
the claimant is a single claimant or lone parent who has attained the age of 60 and either—
(i)
satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or
(ii)
was entitled to either income support or income-based jobseeker’s allowanceF42, or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or
(b)
the claimant has a partner and–
(i)
the partner has attained the age of 80; or
(ii)
the partner has attained the age of 60 but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him; or
(c)
the claimant–
(i)
has attained the age of 60;
F43(ii)
satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and
(iii)
has a partner.
(2)
For the purposes of this paragraph and paragraph 14–
(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 either income support or income based jobseeker’s allowance, F44or ceases to be treated as entitled to either of those benefits he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;
(b)
in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance F44or ceases to be treated as entitled to either of those benefits for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.
F45(3)
In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “52 weeks".
F46(4)
For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to–
(a)
income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or
(b)
a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).
Disability Premium
13.
The condition is that the claimant—
(a)
is a single claimant or lone parent who has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or
(b)
has not attained the age of 60, has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or
(c)
has a partner and the partner has not attained the age of 60 and also satisfies any one of the additional conditions specified in paragraph 14.
Additional Conditions for Higher Pensioner and Disability Premium
14.
(1)
The additional conditions specified in this paragraph are that
(a)
the claimant or, as the case may be, his partner, is in receipt of either F47Disabled Person's Tax Credit or mobility supplement;
(b)
the claimant’s partner is in receipt of severe disablement allowance;
(c)
the claimant or, as the case may be, his partner, is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);
(d)
the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long term rate of incapacity benefit payable to those who are terminally ill) applies F48;
(e)
the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 F49 or under section 46 of the National Health Service (Scotland) Act 1978 F50 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 F51, or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;
(f)
the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);
(g)
the claimant’s partner was either–
(i)
in receipt of long term incapacity benefit under section 30A(5) of the Benefits Act F52 immediately before attaining pensionable age and he is still alive; or
(ii)
entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of F53the partner becoming a patient within the meaning of regulation 85(4) (special cases),
and in either case the higher pensioner premium or disability premium had been applicable to the claimant or his partner;
(h)
the claimant or, as the case may be, his partner, is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F54 (welfare services), or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council.
(2)
For the purposes of sub-paragraph (1)(h), 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.
Severe Disability Premium
15.
(1)
In the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3), the condition is that—
(a)
he is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act; and
(b)
subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and
F55(c)
no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for him;
(2)
Where the claimant has a partner, the condition is that–
(a)
the claimant is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit"); and
(b)
the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and
(c)
subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing; and
(d)
either–
(i)
F56no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for either member of the couple or all the members of the polygamous marriage; or
(ii)
a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is F57entitled to an invalid care allowance under section 70 of the Benefits Act.
(3)
Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is blind or treated as blind within the meaning of paragraph 14(l)(h) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
(4)
The following persons shall not be regarded as a non-dependant for the purposes of sub-paragraphs (l)(b) and (2)(c)—
(a)
a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;
(b)
subject to sub-paragraph (6), 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 satisfied the condition in sub-paragraph (l) or, as the case may be, (2);
(c)
a person who is blind or treated as blind within the meaning of paragraph 14(l)(h) and (2).
(5)
For the purposes of sub-paragraph (2), a person shall be treated F58...—
(a)
F59as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
F60(b)
as being entitled to and in receipt of an 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 entitled and in receipt.
(6)
Sub-paragraph (4)(b) 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.
(7)
For the purposes of sub-paragraph (1)(c) and (2)(d), 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.
(8)
A person shall be treated as satisfying this condition if he would have satisfied the condition specified for a severe disability premium in income support in paragraph 13 of Schedule 2 to the Income Support Regulations by virtue only of regulations 4 to 6 of the Income Support (General) Amendment (No.6) Regulations 1991 F61 (savings provisions in relation to severe disability premium) and for the purposes of determining whether in the particular case regulation 4 of those Regulations had ceased to apply in accordance with regulation 5(2)(a) of those Regulations, a person who is entitled to an income-based jobseeker’s allowance shall be treated as entitled to income support.
F62Enhanced disability premium
15A.
(1)
Subject to sub-paragraph (2), the condition is that 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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of—
(a)
the claimant; or
(b)
a member of the claimant’s family,
who is aged less than 60.
(2)
An enhanced disability premium shall not be applicable in respect of—
(a)
a child or young person whose capital, if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;
(b)
a claimant who—
(i)
is not a member of a couple or a polygamous marriage; and
(ii)
is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks; or
(c)
a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks.
Disabled Child Premium
16.
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 VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would not exceed £3,000; and
(b)
is in receipt of disability 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 14(l)(h) and (2).
Carer Premium
17.
(1)
Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, F63entitled to invalid care allowance under section 70 of the Benefits Act.
(2)
The claimant, his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being F64entitled to an invalid care allowance where—
(a)
either or both of them would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations 1979 F65; and
(b)
the claim for that allowance was made on or after 1st October 1990; and
(c)
the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.
F66(3)
Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an 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–
(a)
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
(b)
in any other case, that person ceased to be entitled to an invalid care allowance.
F66(4)
Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–
(a)
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
(b)
in any other case, that person was last entitled to an invalid care allowance.
Persons in receipt of concessionary payments
18.
For the purpose of determining whether a premium is applicable to a person under paragraphs 14 to 17, 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.
Person in receipt of benefit
19.
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.
PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III
Premium | Amount |
|---|---|
F6720. ... | ... |
(1A) Bereavement Premium. | (1A) £19.45. |
(2) Pensioner premium for persons aged over 60– (a) where the claimant satisfies the condition in paragraph 10(a); | (2) (a) £39.10. |
(b) where the claimant satisfies the condition in paragraph 10(b) | (b) £57.30. |
(c) where the claimant satisfies the condition in paragraph 10(c). | (c) £57.30. |
(3)Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11; | (3) £57.30. |
(4)Higher Pensioner Premium– (a)where the claimant satisfies the condition in paragraph 12(1)(a); | (4) (a) £39.10. |
(b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c). | (b) £57.30. |
(5)Disability Premium– (a)where the claimant satisfies the condition in paragraph 13(a); | (5) (a) £22.60. |
(b)where the claimant satisfies the condition in paragraph 13(b) or (c). | (b) £32.25. |
(6)Severe Disability Premium– (a)where the claimant satisfies the condition in paragraph 15(1); | (6) (a) £41.55. |
(b)where the claimant satisfies the condition in paragraph 15(2)– (i)if there is someone in receipt of an invalid care allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5); | (b) (i) £41.55. |
(ii)if no-one is in receipt of such an allowance. | (ii) £83.10. |
(7)Disabled Child Premium. | (7) £30.00 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied. |
(8)Carer Premium. | (8) £24.40 in respect of each person who satisfied the condition specified in paragraph 17. |
F68(9) Enhanced disability premium where the conditions in paragraph 15A are satisfied. | (9) (a) £5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied; (b) £5.95 in respect of each person who is neither— (i) a child or young person; nor (ii) a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 15A are satisfied; (c) £8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage. |
F69PART IVAPREMIUMS FOR JOINT-CLAIM COUPLES
20A.
Except as provided in paragraph 20B, the weekly premium specified in Part IVB of this Schedule shall, for the purposes of regulations 86A(c) and 86B(d), be applicable to a joint-claim couple where either or both members of a joint-claim couple satisfy the condition specified in paragraphs 20E to 20J in respect of that premium.
20B.
Subject to paragraph 20C, where a member of a joint-claim couple satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to the joint-claim couple in respect of that member and, if they are different amounts, the higher or highest amount shall apply.
F7020C.
(1)
Subject to sub-paragraph (2), the following premiums, namely—
(a)
a severe disability premium to which paragraph 20I applies;
(b)
an enhanced disability premium to which paragraph 20IA applies; and
(c)
a carer premium to which paragraph 20J applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
(2)
An enhanced disability premium in respect of a person shall not be applicable in addition to—
(a)
a pensioner premium under paragraph 20E; or
(b)
a higher pensioner premium under paragraph 20F.
20D.
(1)
Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a joint-claim couple 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 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 Secretary of State under section 2 of the Employment and Training Act 1973, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990, or for any period during which he is in receipt of a training allowance.
(2)
For the purposes of the carer premium under paragraph 20J, 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, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.
Pensioner premium where one member of a joint-claim couple has attained the age of 60
20E.
The condition is that one member of a joint-claim couple has attained the age of 60 but not the age of 75.
Higher Pensioner Premium
20F.
(1)
The condition is that one member of a joint-claim couple—
(a)
has attained the age of 60 but not the age of 80, and either the additional conditions specified in paragraph 20H are satisfied in respect of him; or
(b)
has attained the age of 60 and—
(i)
was entitled to or was treated as entitled to either income support or an income-based jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or
(ii)
was a member of a joint-claim couple who had been entitled to, or who had been treated as entitled to, a joint-claim jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to that couple in respect of a benefit week within 8 weeks of the 60th birthday of either member of that couple and the couple have, subject to that sub-paragraph (2), remained continuously entitled to a joint-claim jobseeker’s allowance since that member attained that age.
(2)
For the purpose of this paragraph and paragraph 20H—
(a)
once the higher pensioner premium is applicable to a joint-claim couple, if that member then ceases, for a period of eight weeks or less, to be entitled or treated as entitled to either income support or income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance, he shall or, as the case may be, that couple shall, on becoming re-entitled to any of those benefits, thereafter be treated as having been continuously entitled thereto;
(b)
in so far as sub-paragraph (1)(b)(i) or (ii) is concerned, if a member of a joint-claim couple ceases to be entitled or treated as entitled to either income support or an income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance for a period not exceeding eight weeks which includes the 60th birthday of either member of that couple, he shall or, as the case may be, the couple shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continously entitled thereto.
(3)
In this paragraph, where a member of a joint-claim couple is a welfare to work beneficiary, sub-paragraphs (1)(b)(i) and (2)(b) shall apply to him as if for the words “8 weeks” there were substituted the words “52 weeks”.
(4)
For the purposes of this paragraph, a member of a joint-claim couple shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance or the couple of which he is a member shall be treated as having been entitled to a joint-claim jobseeker’s allowance throughout any period which comprises only days on which a member was participating in an employment zone scheme and was not entitled to—
(a)
income support because, as a consequence of his participation in that scheme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or
(b)
a jobseeker’s allowance because, as a consequence of his participation in that scheme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or the couple of which he was a member failed to satisfy the condition in section 3A(1)(a).
Disability Premium
20G.
The condition is that a member of a joint-claim couple has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 20H.
Additional Conditions for Higher Pensioner and Disability Premium
20H.
(1)
The additional conditions specified in this paragraph are that a member of a joint-claim couple—
(a)
is in receipt of either disabled person’s tax credit or mobility supplement;
(b)
is in receipt of severe disablement allowance;
(c)
is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);
(d)
is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long-term rate of incapacity benefit payable to those who are terminally ill) applies;
(e)
has been entitled to statutory sick pay, has been incapable of work or has been treated as incapable of work for a continuous period of not less than—
(i)
196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of section 30B(4) of the Benefits Act; or
(ii)
364 days in any other case,
and for these purposes, any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period;
(f)
has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;
(g)
is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);
(h)
was either—
(i)
in receipt of long-term incapacity benefit under section 30A(5) of the Benefits Act immediately before attaining pensionable age and he is still alive; or
(ii)
entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of either member of the joint-claim couple becoming a patient within the meaning of regulation 85(4) (special cases),
and in either case, the higher pensioner premium or disability premium had been applicable to the joint-claim couple; or
(i)
is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services), or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council.
(2)
In the case of a member of a joint-claim couple who is a welfare to work beneficiary, the reference in sub-paragraph (1)(e) to a period of 56 days shall be treated as a reference to a period of 52 weeks.
(3)
For the purposes of sub-paragraph (1)(i), 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.
Severe Disability Premium
20I.
(1)
The condition is that—
(a)
a member of a joint-claim couple is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (“the qualifying benefits”); and
(b)
the other member 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 of a qualifying benefit; and
(c)
subject to sub-paragraph (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing; and
(d)
either—
(i)
no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for either member or the couple or all the members of the polygamous marriage; or
(ii)
a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is entitled to an invalid care allowance under section 70 of the Benefits Act.
(2)
Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is blind or treated as blind within the meaning of paragraph 20H(1)(i) and (2), that member shall be treated for the purposes of sub-paragraph (1) as if he were not a member of the couple.
(3)
The following persons shall not be regarded as non-dependant for the purposes of sub-paragraph (1)(c)—
(a)
a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;
(b)
subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1);
(c)
a person who is blind or treated as blind within the meaning of paragraph 20H(1)(i) and (2).
(4)
For the purposes of sub-paragraph (1), a member of a joint-claim couple shall be treated—
(a)
as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
(b)
as being entitled to and in receipt of an 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 entitled and in receipt.
(5)
Sub-paragraph (3)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple’s household.
(6)
For the purposes of sub-paragraph (1)(d), 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.
F71Enhanced disability premium
20IA.
(1)
Subject to sub-paragraph (2), the condition is that 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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of a member of a joint-claim couple who is aged less than 60.
(2)
An enhanced disability premium shall not be applicable in respect of a joint-claim couple where each member of that couple or each member of a polygamous marriage of which one member of that couple is a member, is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks.
Carer Premium
20J.
(1)
Subject to sub-paragraphs (3) and (4), the condition is that either or both members of a joint-claim couple are entitled to and in receipt of an invalid care allowance under section 70 of the Benefits Act.
(2)
Either or both members, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being entitled to an invalid care allowance where—
(a)
they would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations 1979; and
(b)
the claim for that allowance was made on or after 1st October 1990; and
(c)
the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.
(3)
Where a carer premium is awarded but the member of the joint-claim couple in respect of whom it has been awarded ceases to be entitled to an 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—
(a)
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;
(b)
in any other case, that member ceased to be entitled to an invalid care allowance.
(4)
Where a member of a joint-claim couple who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance jointly with the other member of that couple, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—
(a)
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;
(b)
in any other case, that member was last entitled to an invalid care allowance.
Member of a joint-claim couple in receipt of concessionary payments
20K.
For the purpose of determining whether a premium is applicable to a joint-claim couple under paragraphs 20H to 20J, any concessionary payment made to compensate a person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.
Person in receipt of benefit
20L.
For the purposes of this Part of this Schedule, a member of a joint-claim couple 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.
F72PART IVBWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA
Premium | Amount |
|---|---|
20M. (1) Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied. | (1) £57.30. |
(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F. | £57.30. |
(3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G. | £32.25. |
(4)Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)— | (4) |
(i) if there is someone in receipt of an invalid care allowance or if either member satisfies that condition only by virtue of paragraph 20I(3); (ii) if no-one is in receipt of such an allowance. | (i) £41.55. (ii) £83.10. |
(5) Carer Premium. | (5) £24.40 in respect of each person who satisfied the condition specified in paragraph 20J. |
F73(6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied. | (6) £8.60 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple. |
PART V ROUNDING OF FRACTIONS
21.
Where an income-based jobseeker’s allowance is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of one penny that fraction shall be treated as one penny.