SCHEDULE 1 APPLICABLE AMOUNTS
PART III PREMIUMS
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, F1entitled 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 F2entitled 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 F3; 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.
F4(3)
Where a carer premium is awarded but—
(a)
the person in respect of whose care the invalid care allowance has been awarded dies; or
(b)
in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled or ceases to be treated as 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 relevant date specified in sub-paragraph (3A) below.
(3A)
The relevant date for the purposes of sub-paragraph (3) above shall be—
(a)
the Sunday following the death of the person in respect of whose care an invalid care allowance has been awarded or the date of death if the death occurred on a Sunday;
(b)
where sub-paragraph (2) applies, the date on which the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
(c)
in any other case, the date on which the person who has been entitled to an invalid care allowance ceases to be entitled to that allowance.
F5(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–
F6(a)
the person in respect of whose care the invalid care allowance has been awarded dies;
(b)
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
(c)
in any other case, that person ceased to be entitled to invalid care allowance.