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The Jobseeker’s Allowance Regulations 1996

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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 [F1paragraphs 10] to 17 in respect of that premium.

Textual Amendments

F1Words in Sch. 1 Pt. III para. 5 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(3)(a)

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.

[F27.—(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)[F3a 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.]

Textual Amendments

F3Sch. 1 para. 7(1)(c) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 20(a)

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 F4 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; F5...

[F6(b)for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State F7... under section 2 of the Employment and Training Act 1973, or by [F8Skills Development Scotland,] 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 [F9and]]

[F10(c)in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.]

(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of [F11carer’s allowance] by virtue of sub-paragraph (1)(a) [F12or carer support payment by virtue of sub-paragraph (1)(c)] only if and for so long as the person in respect of whose care the allowance [F13or payment] has been claimed remains in receipt of attendance allowance, [F14the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F15, the care component of child disability payment at the highest or middle rate prescribed in accordance with regulation 11(5) of the DACYP Regulations] [F16, armed forces independence payment] [F17,] the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act] [F18, or the daily living component of adult disability payment at the standard or enhanced rate prescribed in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022].

Textual Amendments

Lone Parent Premium

F199.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 1 Pt. III para. 9 omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(3)(b)

Bereavement Premium

F209A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pensioner premium for persons [F21over the qualifying age for state pension credit]

10.  The condition is that the claimant—

(a)is a single claimant or lone parent who has attained [F22the qualifying age for state pension credit]; or

(b)has attained [F22the qualifying age for state pension credit] and has a partner; or

(c)has a partner and the partner has attained [F22the qualifying age for state pension credit] but not the age of 75.

Textual Amendments

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) [F23Subject to sub-paragraph (5), the] condition is that–

(a)the claimant is a single claimant or lone parent who has attained [F24the qualifying age for state pension credit] and either—

(i)satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), [F25(ca), (cb),] (e), (f) [F26, (fa)] or (h); or

(ii)was entitled to either income support or income-based jobseeker’s allowance[F27, 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 [F28the date he attained the qualifying age for state pension credit] 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 [F24the qualifying age for state pension credit] 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 [F24the qualifying age for state pension credit];

[F29(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, [F30or 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 [F30or ceases to be treated as entitled to either of those benefits] for a period not exceeding eight weeks which includes [F31the date he attained the qualifying age for state pension credit], he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

[F32(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 “[F33104 weeks]".]

[F34(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).]

[F35(5) The condition is not satisfied if—

(a)the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b)the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c)the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i)a long-term patient; and

(ii)the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) or (c) refers.]

Textual Amendments

F23Words in Sch. 1 para. 12(1) 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)(b)(i)

F30Words in Sch. 1 para. 12(2)(a)(b) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(ii)

F35Sch. 1 para. 12(5) inserted (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)(b)(ii)

Disability Premium

13.—[F36(1)] [F37Subject to sub-paragraph (2), the] condition is that the claimant—

(a)is a single claimant or lone parent who has not attained [F38the qualifying age for state pension credit] and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), [F39(ca), (cb),] (e), (f) [F40, (fa)] or (h); or

(b)has not attained [F38the qualifying age for state pension credit], has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), [F41(ca), (cb),] (e), (f) [F42, (fa)] or (h); or

(c)has a partner and the partner has not attained [F38the qualifying age for state pension credit] and also satisfies any one of the additional conditions specified in paragraph 14.

[F43(2) The condition is not satisfied if—

(a)the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b)the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c)the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage—

(i)is a long-term patient; and

(ii)is the only member of the couple or polygamous marriage to whom the condition in sub-paragraph (1)(b) or (c) refers.]

Textual Amendments

F36Sch. 1 para. 13(1): Sch. 1 para. 13 renumbered to Sch. 1 para. 13(1) (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)(c)(i)

F37Words in Sch. 1 para. 13(1) 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)(c)(ii)

F43Sch. 1 para. 13(2) inserted (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)(c)(iii)

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 [F44the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002] 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);

[F45(ca)the claimant or, as the case may be, his partner, is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);]

[F46(caa)the claimant or, as the case may be, the claimant’s partner, is in receipt of adult disability payment or is a person whose adult disability payment is payable, in whole or in part, to another in accordance with regulation 33 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (making payments);]

[F47(cb)the claimant or, as the case may be, the claimant’s partner, is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

(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);

[F52(fa)the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);]

[F53(fb)the claimant or, as the case may be, the claimant’s partner, is a person who is entitled to the mobility component of adult disability payment but to whom the component is not payable in accordance with regulation 34(6) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (amount and form of adult disability payment);]

(g)the claimant’s partner was either–

(i)in receipt of long term incapacity benefit under section 30A(5) of the Benefits Act F54 immediately before attaining pensionable age and he is still alive; F55...

(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 [F56the partner] becoming a patient within the meaning of regulation 85(4) (special cases)[F57; F58...

(iii)entitled to personal independence payment but no amount is payable in accordance with regulations made under section 86(1) (hospital in-patients) of the 2012 Act] [F59; or

(iv)entitled to adult disability payment but no amount is payable in accordance with regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022]

and [F60in any of the cases described in sub-paragraphs (i) to (iv),] the higher pensioner premium or disability premium had been applicable to the claimant or his partner;

[F61(h)the claimant or, as the case may be, his partner, is certified as severely sight impaired or blind by a consultant ophthalmologist.]

[F62(2) For the purposes of sub-paragraph (1)(h), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, 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 certified.]

Textual Amendments

F44Words in Sch. 1 para. 14(1)(a) substituted (for specified purposes and with effect in accordance with reg. 1(9) 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(b)

F48Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18) section 2(1).

F54Section 30A was inserted by the Social Security (Incapacity for Work)and) Act 1994 section 1(1).

F56Words in Sch. 1 para. 14(1)(g)(ii) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

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 [F63, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F64, armed forces independence payment] [F65,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F66, or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022]; 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

[F67(c)no person is entitled to, and in receipt of, [F11a] [F11carer’s allowance] under section 70 of the Benefits Act [F68or carer support payment] [F69or has an award of universal credit which includes the carer element] 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 [F70, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F71, armed forces independence payment] [F72,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F73, or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] (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)[F74no person is entitled to, and in receipt of, [F11a] [F11carer’s allowance] under section 70 of the Benefits Act [F75or carer support payment] [F76or has an award of universal credit which includes the carer element] 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 [F77entitled to ] [F11a] [F11carer’s allowance] under section 70 of the Benefits Act [F75or carer support payment] [F76or has an award of universal credit which includes the carer element].

(3) Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is [F78severely sight impaired or blind or treated as severely sight impaired or 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 [F79, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F80, armed forces independence payment] [F81,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F82, or the daily living component of adult disability payment at the standard or enhanced rate prescribed in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022];

(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 [F83severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(l)(h) and (2).

(5) For the purposes of sub-paragraph (2), a person shall be treated F84...—

(a)[F85as 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;

[F86(aa)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;]

[F87(ab)as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations be so in receipt;]

[F88(b)as being entitled to and in receipt of [F11a] [F11carer’s allowance] [F89or carer support payment] [F90or having an award of universal credit which includes the carer element] 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 [F91of carer’s allowance [F89or carer support payment] or have such an award of universal credit].]

(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 [F11carer’s allowance] [F92, carer support payment] [F93or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F94the date on which the award is first paid].

(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 F95 (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.

[F96(9) In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of [F11a] [F11carer’s allowance] [F97or as having an award of universal credit which includes the carer element] shall include references to a person who would have been in receipt of that allowance [F98or had such an award] but for the application of a restriction under section [F996B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F100(10) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.]

Textual Amendments

F69Words in Sch. 1 para. 15(1)(c) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(a)

F76Words in Sch. 1 para. 15(2)(d) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(b)

F78Words in Sch. 1 para. 15(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(ii)(aa)

F83Words in Sch. 1 para. 15(4)(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(ii)(bb)

F90Words in Sch. 1 para. 15(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(c)(i)

F91Words in Sch. 1 para. 15(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(c)(ii)

F93Words in Sch. 1 para. 15(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(d)

F97Words in Sch. 1 para. 15(9) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(e)(i)

F98Words in Sch. 1 para. 15(9) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(e)(ii)

[F101Enhanced disability premium

15A.—[F102(1) Subject to sub-paragraph (2), the condition is that—

(a)the claimant; or

(b)the claimant’s partner (if any),

is a person who has not attained the qualifying age for state pension credit and is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a)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 to that person at the highest rate prescribed under section 72(3) of the Benefits Act; or

[F103(aa)the care component of child disability payment is payable to that person at the highest rate in accordance with regulation 11(5) of the DACYP Regulations; or]

(b)the daily living component of personal independence payment is, or would, but for a suspension of benefits in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of the 2012 Act[F104; or

[F105(ba)the daily living component of adult disability payment is, or would, but regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations]

(c)armed forces independence payment is payable to that person.]]

[F106(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 [F107or 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).]

[F108(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

F106Sch. 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)

F108Sch. 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(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(2)(b)

[F109 Disabled Child Premium

16.—(1) Subject to sub-paragraph (2), the condition is that where the 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 is—

(a)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; F110...

[F111(aza)in receipt of child disability payment;]

[F112(aa)a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt, provided that the young person continues to be a member of the family;]

[F113(ab)a young person who is in receipt of armed forces independence payment;]

[F114(ac)a young person who is in receipt of adult disability payment, or who would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt, provided that the young person continues to be a member of the family;]

(b)[F115severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(1)(h) and (2)[F116; or

(c)a child or young person in respect of whom section 145A of the Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.]

(2) The condition [F117in sub-paragraph (1)(a) [F118, (aza)] [F119, (aa)] [F120, (ab)] [F121, (ac)] or (b)] is not satisfied in respect of a child or young person—

(a)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

(b)who is a long-term patient.]

Textual Amendments

F109Sch. 1 para. 16 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)(f)

F110Word in Sch. 1 para. 16(1) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(b)(i)

F115Words in Sch. 1 para. 16(1)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(iii)

F116Sch. 1 para. 16(1)(c) and word 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)(b)(ii)

F117Words in Sch. 1 para. 16(2) 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)(b)(iii)

Modifications etc. (not altering text)

C2Sch. 1 para. 16(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(i), 26(2)(b)

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, [F122entitled to] [F11carer’s allowance] under section 70 of the Benefits Act [F123or carer support payment].

F124(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F125(3) Where a carer premium is awarded but—

(a)the person in respect of whose care the [F11carer’s allowance] [F126or carer support payment] 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 entitledF127... to [F11a] [F11carer’s allowance] [F126or carer support payment],

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)[F128where sub-paragraph (3)(a) applies,] the Sunday following the death of the person in respect of whose care [F11a] [F11carer’s allowance] [F129or carer support payment] has been awarded or the date of death if the death occurred on a Sunday;

F130(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in any other case, the date on which the person who has been entitled to [F11a] [F11carer’s allowance] [F129or carer support payment] ceases to be entitled to that allowance [F131or payment].]

[F132(4) Where a person who has been entitled to an [F11carer’s allowance] [F133or carer support payment] ceases to be entitled to that allowance [F134or payment] 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–]

[F135(a)the person in respect of whose care the [F11carer’s allowance] [F133or carer support payment] has been awarded dies;

F136(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F137in any other case, the person who has been entitled to a carer’s allowance [F133or carer support payment] ceased to be entitled to that allowance [F134or payment].]]

Textual Amendments

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.

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