The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996

Housing benefit and council tax benefit: Severe disability premium

3.—(1) In paragraph 13 of Schedule 2 to the Housing Benefit Regulations and paragraph 14 of Schedule 1 to the Council Tax Benefit Regulations (which prescribe the condition for the inclusion of severe disability premium in the applicable amount) after sub-paragraph (3) in each case there is inserted—

“(3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—

(a) 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 Contributions and Benefits Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) invalid care allowance if he would, but for the person for whom he was caring being a patient for a period exceeding 28 days, be so in receipt.”.

(2) In paragraph 15(5)(b)(i) of Schedule 2 to the Housing Benefit Regulations (which specifies the amount of severe disability premium where the claimant has a partner), at the end there is added—

“or if he or any partner satisfies that condition only by virtue of paragraph 13(3A)”.

(3) In paragraph 19(6)(b)(i) of Schedule 1 to the Council Tax Benefit Regulations (which specifies the amount of severe disability premium where the claimant has a partner), at the end there is added—

“or if he or any partner satisfies that condition only by virtue of paragraph 14(3A)”.