The Child Tax Credit Regulations 2002

Prescribed conditions for a disabled or severely disabled child or qualifying young person

8.—(1) For the purposes of section 9 of the Act a child or qualifying young person—

(a) is disabled if he satisfies the requirements of paragraph (2); and

(b) is severely disabled if he satisfies the requirements of paragraph (3).

(2) A person satisfies the requirements of this paragraph if—

(a) disability living allowance is payable in respect of him, or has ceased to be so payable solely because he is a patient; or

(b) he is—

(i) registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services)(1),

(ii) in Scotland, has been certified as blind in a register maintained by or on behalf of a local government area (as defined in the Local Government etc. (Scotland) Act 1994(2)), or

(iii) in Northern Ireland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; or

(c) he ceased to be so registered or certified as blind within the 28 weeks immediately preceding the date of claim.

(3) A person satisfies the requirements of this paragraph if the care component of disability living allowance—

(a) is payable in respect of him, or

(b) would be so payable but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act(3) or an abatement as a consequence of hospitalisation,

at the highest rate prescribed under section 72(3) of that Act.

(1)

1948 c. 29.

(2)

1994 c. 39.

(3)

1992 c. 4.