The Jobseeker’s Allowance Regulations 1996

[F1 Severe Disability Premium

20I.— (1) The condition is that—

(a) a member of a joint-claim couple is in receipt of attendance allowance[F2 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F3 , armed forces independence payment] (“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, [F4 a] [F4 carer’s 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 [F4 a] [F4 carer’s 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[F5 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F6 , armed forces independence payment];

(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 [F4 a] [F4 carer’s 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.

[F7 (c) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so 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 [F4 carer’s allowance] to the extent that payment of such an award is back-dated for a period before [F8 the date on which the award is first paid].

[F9 (7) In sub-paragraph (1)(d), the reference to a person being in receipt of [F4 a] [F4 carer’s allowance] shall include a reference to a person who would have been in receipt of that allowance but for the application of a restriction under section [F10 6B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]]

Textual Amendments

F1 Sch. 1 Pts. 4A-4B inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 53(4)

F2 Words in Sch. 1 para. 20I(1)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(i)

F3 Words in Sch. 1 para. 20I(1)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(h)(i)

F4 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F5 Words in Sch. 1 para. 20I(3)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(ii)

F6 Words in Sch. 1 para. 20I(3)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(h)(ii)

F7 Sch. 1 para. 20I(4)(c) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(iii)

F8 Words in Sch. 1 para. 20I(6) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(8)(j)

F9 Sch. 1 para. 20I(7) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 2(2)(b)

F10 Words in Sch. 1 para. 20I(7) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 11(3)(b)