A person satisfies this paragraph in any of the Cases listed below.

• Case A

  For at least one day in the 182 days immediately preceding the making of the claim the claimant, or, in the case of a joint claim, at least one of the claimants, must have been in receipt of the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance21.

• Case B

  For at least one day in the 182 days immediately preceding the making of the claim the applicable amount for the claimant, or, in the case of a joint claim, at least one of the claimants, must have included a higher pensioner or disability premium determined—

  1. a

     in the case of income support, in accordance with paragraphs 10(1)(b) or (2)(b) or 11, and 12, of Part III of Schedule 2 to the Income Support (General) Regulations 198722;

  2. b

     in the case of income-based jobseeker’s allowance, in accordance with paragraph 12(1)(a), (b)(ii) or (c) or 13, and 14 of Schedule 1 to the Jobseeker’s Allowance Regulations 199623;

  3. c

     in the case of housing benefit, in accordance with paragraphs 10(1)(b) or (2)(b) or 11, and 12 of Part III of Schedule 2 to the Housing Benefit (General) Regulations 198724;

  4. d

     in the case of council tax benefit, in accordance with paragraphs 11(1)(b) or (2)(b) or 12, and 13 of Part III of Schedule 1 to the Council Tax Benefit (General) Regulations 199225.

• Case C

  At the date of the claim there is payable to the claimant, or in the case of a joint claim, to at least one of the claimants—

  1. a

     a disability living allowance;

  2. b

     an attendance allowance;

  3. 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.

• Case D

  At the date of the claim the claimant, or, in the case of a joint claim, one of the claimants, has an invalid carriage or other vehicle provided under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 197726, section 46 of the National Health Service (Scotland) Act 197827 or Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 197228.

• Case E

  The claimant, or in the case of a joint claim, one of the claimants must—

  1. a

     have—

     1. i

        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

     2. ii

        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;

     where the last of those days or weeks (as the case may be) falls within 56 days of the making of the claim; and

  2. b

     have a disability, at the date of claim, 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

  3. c

     have 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.

• Case F

  The claimant or, in the case of a joint claim, at least one of the claimants must have been—

  1. a

     undertaking training for work for at least one day in the 56 days immediately preceding the claim; and

  2. b

     receiving long-term incapacity benefit, severe disablement allowance or the higher rate of short-term incapacity benefit within 56 days before the first day of that training.

     Here “training for work” means training for work received—

     1. a

        in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973, section 2(3) of the Enterprise and New Towns (Scotland) Act 199029 or section 1(1) of the Employment and Training Act (Northern Ireland) 195030; or

     2. b

        on a course which a person attends for 16 hours or more a week and the primary purpose of which is the teaching of occupational or vocational skills.

A person who satisfies paragraph (1)(c) is to be treated, for the purposes of the Act, as having a physical or mental disability which puts him at a disadvantage in getting a job.