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)[F2a member of the claimant’s family] [F2the claimant’s partner (if any)],
who [F3has not attained the qualifying age for state pension credit].
[F4(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant [F5or partner] is entitled to child benefit in respect of that person under section 145A of the Benefits Act (entitlement after death of child or qualifying young person).]
[F6(2) The condition is not satisfied where the person to whom sub-paragraph (1) refers is—
(a)a child or young person—
(i)whose capital if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or
(ii)who is a long-term patient;
(b)a single claimant or a lone parent and (in either case) is a long-term patient;
(c)a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or
(d)a member of a couple or polygamous marriage who is—
(i)a long-term patient; and
(ii)the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.]]
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)
F2Words in Sch. 1 para. 15A(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 20(c)(i)
F3Words in Sch. 1 para. 15A(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(e)
F4Sch. 1 para. 15A(1A) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(a)
F5Words in Sch. 1 para. 15A(1A) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(12)
F6Sch. 1 para. 15A(2) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(e)
Modifications etc. (not altering text)
C1Sch. 1 para. 15A(2)(a): sum confirmed (coming into force in accordance with art. 1(2)(l)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(l)(ii), 25(2)(b)