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.]
Textual Amendments
F1Sch. 1 para. 15A inserted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(ii)
Modifications etc. (not altering text)
C1Sch. 1 para. 15A(2)(a) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(2)