PART 2 CONDITIONS OF ENTITLEMENT
Disability element
Disability element and workers who are to be treated as at a disadvantage in getting a jobF19
1
The determination of the maximum rate must include the disability element if the claimant, or, in the case of a joint claim, one of the claimants—
a
undertakes qualifying remunerative work for at least 16 hours per week;
b
has any of the disabilities listed in Part 1 of Schedule 1, or in the case of an initial claim, satisfies the conditions in Part 2 of Schedule 1; and
c
is a person who satisfies any of Cases A to G on a day for which the maximum rate is determined in accordance with these Regulations.
2
F11Case A is where the person has been in receipt of the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance for at least one day in the preceding 182 days.
F11Case A is where the person has, for at least one day in the preceding 182 days (“the qualifying day”), been in receipt of—
a
higher rate short-term incapacity benefit;
b
long-term incapacity benefit;
c
severe disablement allowance; or
d
employment and support allowance where entitlement to employment and support allowance or statutory sick pay F15or a benefit or allowance mentioned in sub–paragraphs (a) to (c) or the income support payable under paragraph (3)(a), has existed for a period of 28 weeks immediately preceding the qualifying day comprising one continuous period or two or more periods which are linked together.
3
Case B is where, for at least one day in the preceding 182 days, the person has been a person F2for whom at least one of the following benefits has been payable and for whom the applicable amount included a higher pensioner or disability premium F3in respect of him determined—
a
in the case of income support, in accordance with F4paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12, of Part III of Schedule 2 to the Income Support (General) Regulations 1987;
b
in the case of income-based jobseeker’s allowance, in accordance with F5paragraphs 12(1)(a), or (b)(ii), or (c), or 13, and where applicable 14 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;
c
in the case of housing benefit, in accordance with F9F6paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12 of Part III of Schedule 2 to the Housing Benefit (General) Regulations 1987F9paragraphs 11(1)(b) or 11(2)(b) or 12, and where applicable, 13 of Part 3 Schedule 3 of the Housing Benefit Regulations 2006;
d
in the case of council tax benefit, in accordance with F10F7paragraphs 11(1)(b) or (2)(b) or 12, and where applicable, 13 of Part III of Schedule 1 to the Council Tax Benefit (General) Regulations 1992F10paragraphs 11(1)(b) or 11(2)(b) or 12, and where applicable, 13 of Part 3 of Schedule 1 of the Council Tax Benefit Regulations 2006 .
For the purposes of this Case “the applicable amount” has the meaning given by section 135 of the Contributions and Benefits Act.
4
Case C is where the person is a person to whom at least one of the following is payable—
a
a disability living allowance;
b
an attendance allowance;
c
a mobility supplement or a constant attendance allowance which is paid, in either case, in conjunction with a war pension or industrial injuries disablement benefit.
5
Case D is where the person has an invalid carriage or other vehicle provided under—
a
section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977,
b
section 46 of the National Health Service (Scotland) Act 1978, or
c
Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.
6
Case E is where the person—
a
F13has received, on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days;
F13has received—
i
on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days; or
ii
on account of his F16incapacity for work or having limited capability for work, an employment and support allowanceF17, or the pay or benefit mentioned in paragraph (i), for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of F18incapacity for work or having limited capability for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days;
b
has a disability which is likely to last for at least six months, or for the rest of his life if his death is expected within that time; and
c
has gross earnings which are less than they were before the disability began by at least the greater of 20 per cent. and £15 per week.
For the purpose of this Case “qualifying days” are days which form part of a single period of incapacity for work within the meaning of Part 11 of the Contributions and Benefits Act F12or a period of limited capability for work within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations 2008.
7
Case F is where the person—
a
has undertaken training for work for at least one day in the preceding 56 days; and
b
F14has received the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance within 56 days before the first day of that period of training for work.
F14has, within 56 days before the first day of that period of training for work, received—
i
higher rate short-term incapacity benefit;
ii
long-term incapacity benefit;
iii
severe disablement allowance; or
iv
contributory employment and support allowance where entitlement to that allowance or statutory sick pay F19or a benefit or allowance mentioned in paragraphs (i) to (iii), has existed for a period of 28 weeks comprising one continuous period or two or more periods which are linked together provided that, if the person received statutory sick pay, the person satisfied the first and second contribution conditions set out in paragraphs 1 and 2 of Schedule 1 to the Welfare Reform Act.
Regulation 9B explains the meaning of “training for work” and of a period of training for work.
8
Case G is where the person was entitled, F8for at least one day in the preceding 56 days, to the disability element of working tax credit or to disabled person’s tax credit by virtue of his having satisfied the requirements of Case A, B, E or F at some earlier time.
For the purposes of this Case a person is treated as having an entitlement to the disability element of working tax credit if that element is taken into account in determining the rate at which the person is entitled to a tax credit.
9
For the purposes of the Act, a person who satisfies paragraph (1)(b) is to be treated as having a physical or mental disability which puts him at a disadvantage in getting a job.