SCHEDULES
SCHEDULE 1 APPLICABLE AMOUNTS
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 F50paragraphs 10 to 17 in respect of that premium.
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.
F257
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
F37a 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.
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
F10b
for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State F48... under section 2 of the Employment and Training Act 1973, or by F49Skills 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 F123and
F124c
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 F29carer’s allowance by virtue of sub-paragraph (1)(a) F125or 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 F126or payment has been claimed remains in receipt of attendance allowance, F64the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act F102, the care component of child disability payment at the highest or middle rate prescribed in accordance with regulation 11(5) of the DACYP RegulationsF63, armed forces independence paymentF118, the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 ActF106, 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.
Lone Parent PremiumF119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bereavement PremiumF479A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensioner premium for persons F52over the qualifying age for state pension credit10
The condition is that the claimant—
a
is a single claimant or lone parent who has attained F53the qualifying age for state pension credit; or
b
has attained F53the qualifying age for state pension credit and has a partner; or
c
has a partner and the partner has attained F53the qualifying age for state pension credit but not the age of 75.
Pensioner premium where claimant’s partner has attained the age of 7511
The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.
Higher Pensioner Premium12
1
F40Subject to sub-paragraph (5), the condition is that–
a
the claimant is a single claimant or lone parent who has attained F54the qualifying age for state pension credit and either—
i
ii
was entitled to either income support or income-based jobseeker’s allowanceF14, 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 F55the 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 F54the 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
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, F15or 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 F15or ceases to be treated as entitled to either of those benefits for a period not exceeding eight weeks which includes F56the 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.
F123
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 “F38104 weeks".
F134
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).
F415
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.
Disability Premium13
F421
F44Subject to sub-paragraph (2), the condition is that the claimant—
a
b
c
has a partner and the partner has not attained F57the qualifying age for state pension credit and also satisfies any one of the additional conditions specified in paragraph 14.
F432
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.
Additional Conditions for Higher Pensioner and Disability Premium14
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 F30the 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);
F65ca
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);
F107caa
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);
F66cb
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 F2;
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 F3 or under section 46 of the National Health Service (Scotland) Act 1978 F4 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 F5, 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);
F67fa
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);
F108fb
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
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 F8the partner becoming a patient within the meaning of regulation 85(4) (special cases)F68; F111...
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 ActF109; 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 F110in 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;
F83h
the claimant or, as the case may be, his partner, is certified as severely sight impaired or blind by a consultant ophthalmologist.
F842
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.
Severe Disability Premium15
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 F75, 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 paymentF120, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF113, 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
2
Where the claimant has a partner, the condition is that–
a
the claimant is in receipt of attendance allowance F74, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act F70, armed forces independence paymentF119, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF112, 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
F19no person is entitled to, and in receipt of, F29aF29carer’s allowance under section 70 of the Benefits Act F130or carer support paymentF89or 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 F20entitled to F29aF29carer’s allowance under section 70 of the Benefits Act F130or carer support paymentF89or 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 F85severely 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 F76, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act F72, armed forces independence paymentF121, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF122, 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 F86severely 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 F21...—
a
F23as 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;
F73aa
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;
F114ab
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;
F22b
as being entitled to and in receipt of F29aF29carer’s allowanceF131or carer support paymentF90or 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 F131or 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 F29carer’s allowanceF128, carer support paymentF92or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before F39the 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 F7 (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.
F269
In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of F29aF29carer’s allowanceF93or 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 F94or had such an award but for the application of a restriction under section F516B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
F9510
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.
F24Enhanced disability premium15A
F771
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
F103aa
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 ActF78; or
F115ba
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.
F581A
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 F62or 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).
F452
The condition is not satisfied where the person to whom sub-paragraph (1) refers is—
C2a
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.
F46 Disabled Child Premium16
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; F59...
F104aza
in receipt of child disability payment;
F79aa
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;
F80ab
a young person who is in receipt of armed forces independence payment;
F116ac
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
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 F61in sub-paragraph (1)(a) F105, (aza)F82, (aa)F81, (ab)F117, (ac) or (b) is not satisfied in respect of a child or young person—
C1a
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.
Carer Premium17
1
F312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F273
Where a carer premium is awarded but—
a
b
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
F33b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164
Where a person who has been entitled to an F29carer’s allowanceF136or carer support payment ceases to be entitled to that allowance F137or 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–
F28a
F34b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons in receipt of concessionary payments18
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 benefit19
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.