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The Housing Benefit Regulations 2006

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Point in time view as at 06/11/2023.

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Regulation 22

SCHEDULE 3E+W+SApplicable amounts

This schedule has no associated Explanatory Memorandum

PART 1E+W+SPersonal allowances

Modifications etc. (not altering text)

C1Sch. 3 Pt. 1 modified (1.4.2007 for specified purposes, 2.4.2007 in so far as not already in force) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(j), 19(6), Sch. 6

C2Sch. 3 Pt. 1 modified (1.4.2008 for specified purposes, 7.4.2008 in so far as not already in force) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(j), 19(7), Sch. 6

C3Sch. 3 Pt. 1 modified (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I., in force in so far as not already in force and with effect in accordance with art. 1(3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(i), 19(7), Sch. 5

C4Sch. 3 Pt. 1 modified (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(6), Sch. 5

C5Sch. 3 Pt. 1 sums amended and confirmed (coming into force in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2011 (S.I. 2011/821), arts. 1(2)(j), 20(6), Sch. 5

C6Sch. 3 Pt. 1 sums amended and confirmed (1.4.2012 for specified purposes, 2.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(j), 20(6), Sch. 5

C7Sch. 3 Pt. 1 sums amended and confirmed (1.4.2013) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(a), 19(1)(6), Sch. 5

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 22[F1(1)](a) and 23[F1(1)](a) and (b)—E+W+S

[F2Column (1)Column (2)
Person or coupleAmount
(1)A single claimant who—(1)
(a)is entitled to main phase employment and support allowance;(a)£84.80;
(b)

is aged not less than 25;

(b)£84.80;
(c)is aged less than 25.(c)£67.20.
(2)Lone parent who—(2)
(a)is entitled to main phase employment and support allowance;(a)£84.80;
(b)

is aged not less than 18;

(b)£84.80;
(c)is aged less than 18.(c)£67.20.
(3)Couple where—(3)
(a)the claimant is entitled to main phase employment and support allowance;(a)£133.30;
(b)at least one member is aged not less than 18;(b)£133.30;
(c)both members are aged less than 18.(c)£101.50.]

Textual Amendments

F2Sch. 3 para. 1 table substituted (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(6)(a), Sch. 4

E+W+S

[F31A.  For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if—

(a)each of the conditions in paragraph 21 is satisfied in relation to the claimant personally [F4or the claimant is personally a member of the work-related activity group]; or

(b)the claimant personally is entitled to a converted employment and support allowance[F5, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)].]

Textual Amendments

2.—(1) The amount specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 22[F6(1)](b) and 23[F6(1)](c)—E+W+S

Column (1)Column (2)
Child or young personAmount

Persons in respect of the period—

 

(a)beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;

(a)[F7£77.78];

(b)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's [F8twentieth] birthday.

(b)[F9£77.78].

(2) In column (1) of the table in paragraph (1), “the first Monday in September” means the Monday which first occurs in the month of September in any year.

Textual Amendments

F7Sum in Sch. 3 para. 2(1)(a) substituted (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(6)(b)

F9Sum in Sch. 3 para. 2(1)(b) substituted (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(6)(b)

PART 2E+W+SFamily premium

3.—[F10(1) F11...The amount for the purposes of regulations 22(c) and 23(d) in respect of a family of which at least one member is a child or young person shall be—E+W+S

(a)where the claimant is a lone parent to whom sub-paragraph (3) applies, £22.20;

(b)in any other case, [F12£18.53].

F13(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—

(a)who was entitled to housing benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under [F14sub-paragraph (1)(a)] as in force on that date; or

(b)who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent free period as defined in regulation 81(1) (rent free periods) and his applicable amount on that date would have included the amount applicable under [F14sub-paragraph (1)(a)] as in force on that date; or

(c)on becoming entitled to housing benefit where that lone parent—

(i)had been treated as entitled to that benefit in accordance with sub-paragraph (5)(a) as at the day before the date of claim for that benefit; and

(ii)was entitled to council tax benefit as at the date of claim for housing benefit,

and in respect of whom, all of the conditions specified in sub-paragraph (4) have continued to apply.

(4) The conditions specified for the purposes of sub-paragraph (3) are that, in respect of the period commencing on 6th April 1998—

(a)the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to housing benefit;

(b)the claimant has not ceased to be a lone parent;

(c)where the claimant was entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has [F15continuously, since that date, been entitled to income support, an income-based jobseeker's allowance or an income-related employment and support allowance or a combination of those benefits];

(d)where the claimant was not entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has not become entitled to [F16income support, an income-based jobseeker's allowance or an income-related employment and support allowance]; and

(e)a premium under paragraph F17... 12 [F18or a component under paragraph 23 or 24] has not become applicable to the claimant.

(5) For the purposes of sub-paragraphs (3)(c)(i) and (4)(a), a claimant shall be treated as entitled to housing benefit—

(a)during any period where he was not, or had ceased to be, so entitled and throughout that period, he had been awarded council tax benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit Regulations 2006 (lone parent rate of family premium); or

(b)during any rent free period as defined for the purposes of regulation 81(1).]

Textual Amendments

F12Sum in Sch. 3 para. 3(1)(b) substituted (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(7)(b)

F15Words in Sch. 3 para. 3(4)(c) substituted (1.4.2009 for specified purposes, 6.4.2009 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(5), 6(10)(b)(i)

F16Words in Sch. 3 para. 3(4)(d) substituted (1.4.2009 for specified purposes, 6.4.2009 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(5), 6(10)(b)(ii)

F18Words in Sch. 3 para. 3(4)(e) inserted (1.4.2009 for specified purposes, 6.4.2009 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(5), 6(10)(b)(iii)

Modifications etc. (not altering text)

C8Sch. 3 para. 3(1)(a): sum confirmed (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(7)(a)

PART 3E+W+SPremiums

4.  Except as provided in paragraph 5, the premiums specified in Part 4 of this Schedule shall, for the purposes of regulations 22[F19(1)](d) and 23[F19(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 17 in respect of that premium.E+W+S

Textual Amendments

5.  Subject to paragraph 6, 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.E+W+S

[F206.  - The following premiums, namely—E+W+S

(a)a severe disability premium to which paragraph 14 applies;

(b)an enhanced disability premium to which paragraph 15 applies;

(c)a disabled child premium to which paragraph 16 applies; and

(d)a carer premium to which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this     Schedule.]

Textual Amendments

7.—(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 for—E+W+S

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 M1 applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the 1973 Act, or by [F21Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 M2 or for any period during which he is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of carer's allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, [F22the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F23, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations][F24, ] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F25, 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] [F26or armed forces independence payment.]]

Textual Amendments

Marginal Citations

Bereavement premiumE+W+S

F278.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pensioner Premium for persons under 75E+W+S

F289.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pensioner Premium for persons 75 and overE+W+S

F2910.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Higher Pensioner PremiumE+W+S

F3011.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disability PremiumE+W+S

12.  The condition is that—

(a)where the claimant is a single claimant or a lone parent, [F31has not attained the qualifying age for state pension credit] and the additional condition specified in paragraph 13 is satisfied; or

(b)where the claimant has a partner, either—

(i)the claimant [F31has not attained the qualifying age for state pension credit] and the additional condition specified in paragraph 13(1)(a) or (b) is satisfied by him; or

(ii)his partner [F31has not attained the qualifying age for state pension credit] and the additional condition specified in paragraph 13(1)(a) is satisfied by his partner.

Textual Amendments

F32Additional Condition for the...[F33Disability Premium] E+W+S

13.—(1) Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 11 and 12 is that either—

(a)the claimant or, as the case may be, his partner—

(i)is in receipt of one or more of the following benefits: attendance allowance, disability living allowance[F34, child disability payment], [F35personal independence payment, [F36adult disability payment,]][F37 armed forces independence payment,] the 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 Regulations, mobility supplement, long-term incapacity benefit under Part 2 of the Act or severe disablement allowance under Part 3 of the Act but, in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him; or

(ii)was in receipt of long-term incapacity benefit under Part 2 of the Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act [F38or a state pension under Part 1 of the Pensions Act 2014] and the claimant has since remained continuously entitled to housing benefit and, if the long-term incapacity benefit was payable to his partner, the partner is still a member of the family; or

F39(iii)F40...was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of [F41regulation 28(11)(e) (treatment of child care charges)]; or

[F39(iiia)was in receipt of personal independence payment that is no longer payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act.]

[F42(iiib)was in receipt of adult disability payment that is no longer payable by virtue of 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;]

(iv)is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 M3 (other services) or, in Scotland by the Scottish Ministers, under section 46 of the National Health Service (Scotland) Act 1978 M4 (provision of services) 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 by the Scottish Ministers, under section 46 of the Act of 1978; or

[F43(v)is certified as severely sight impaired or blind by a consultant ophthalmologist; or]

(b)the claimant—

(i)is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work); and

(ii)has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

(aa)in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Act M5, 196 days;

(bb)in any other case, 364 days.

[F44(2) For the purposes of sub-paragraph (1)(a)(v), 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]

(3) For the purposes of sub-paragraph (1)(b), once F45... the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

F46(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the 1973 Act M6 or for any period during which he is in receipt of a training allowance.

(6) For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.

(7) For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

(8) In the case of a claimant who is a welfare to work beneficiary [F47(a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the Act)]—

(a)the reference to a period of 8 weeks in sub-paragraph (3); and

(b)the reference to a period of 56 days in sub-paragraph (6),

shall in each case be treated as a reference to a period of [F48104 weeks].

[F49(9) The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work F50...]

Textual Amendments

F38Words in Sch. 3 para. 13(1)(a)(ii) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 28(4)

F39Sch. 3 para. 13(1)(a)(iii) substituted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(6)(a)

F40Words in Sch. 3 para. 13(1)(a)(iii) omitted by virtue of S.I. 2005/2502, reg. 2(15)(a)(i) (as amended) (3.4.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(15)(b)(i) (with regs. 2, 3, Sch. 3, Sch. 4)

F41Words in Sch. 3 para. 13(1)(a)(iii) substituted by S.I. 2005/2502, reg. 2(15)(a)(ii) (as amended) (3.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(15)(b)(ii) (with regs. 2, 3, Sch. 3, Sch. 4)

F43Sch. 3 para. 13(1)(a)(v) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(aa)(c)(i)

F44Sch. 3 para. 13(ii) substituted for Sch. 3 (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(bb)(c)(i)

F50Words in Sch. 3 para. 13(9) omitted by SI 2008/1082 reg. 23(b) (as amended) (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 31(a)

Marginal Citations

M31977 c. 49; section 5(2) was amended subsection (2A) added by the Public Health Laboratory Services Act 1979 (c. 23), section 1, and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

M5Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994(c. 18), section 2.

Severe Disability PremiumE+W+S

14.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)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)—

(i)he is in receipt of attendance allowance, [F51the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F52, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations][F53, ]the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F54, 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] [F55or armed forces independence payment]]; and

(ii)subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

(iii)no person is entitled to, and in receipt of, a carer's allowance under section 70 of the Act [F56or has an award of universal credit which includes the carer element] in respect of caring for him;

(b)in the case of a claimant who has a partner—

(i)the claimant is in receipt of attendance allowance, [F57the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F58, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations][F59, ]the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F60, 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] [F61or armed forces independence payment]]; and

(ii)his partner is also in receipt of such an allowance [F62or payment] or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance [F62or payment]; and

(iii)subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and either a person is [F63entitled to and in receipt of] a carer's allowance [F56or has an award of universal credit which includes the carer element] in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance [F64or has such an award of universal credit] in respect of caring for either member of a couple or any partner of a polygamous marriage.

(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is [F65severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 13(1)(a)(v) 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) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance, [F66the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F67, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations][F68, ]the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F69, 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] [F70or armed forces independence payment]]; or

(b)a person who is [F71severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 13(1)(a)(v) and (2).

(5) For the purposes of sub-paragraph (2)(b) a person shall be treated—

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

(b)as being entitled to and in receipt of a carer's allowance [F72or 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 [F73or have such an award of universal credit] and in receipt.

[F74(c)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 [F75payment ceasing by virtue of] regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.]

[F76(d)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 he would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt]

(6) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of carer's allowance [F77or universal credit which includes the carer element] to the extent that payment of such an award is backdated for a period before [F78the date on which the award is first paid].

(7) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance [F79or 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 [F80or had such an award of universal credit] but for the application of a restriction under section [F816B or] 7 of the Social Security Fraud Act 2001 M7 (loss of benefit provisions).

Textual Amendments

F56Words in Sch. 3 para. 14(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(b)(i)

F64Words in Sch. 3 para. 14(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(b)(ii)

F65Words in Sch. 3 para. 14(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(aa)(c)(ii)

F71Words in Sch. 3 para. 14(4)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(bb)(c)(ii)

F72Words in Sch. 3 para. 14(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(c)(i)

F73Words in Sch. 3 para. 14(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(c)(ii)

F75Words in Sch. 3 para. 14(5)(c) inserted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(6)(b)

F77Words in Sch. 3 para. 14(6) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(d)

F79Words in Sch. 3 para. 14(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(e)(i)

F80Words in Sch. 3 para. 14(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(2)(e)(ii)

Marginal Citations

M72001 c. 11; section 7 was amended by the State Pension Credit Act 2002, section 14 and Schedule 2 and by the Tax Credits Act 2002, section 60 and Schedule 6.

Enhanced disability premiumE+W+S

15.—[F82(1) Subject to sub-paragraph (2), the condition is that—

( a)[F83the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or]

(b)the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of—

(i)the claimant; or

(ii)a member of the claimant's family,

who [F84has not attained the qualifying age for state pension credit]][F85; or

[F86(ba)the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations in respect of—

(i)the claimant; or

(ii)a member of the claimant’s family; or]

(c)the enhanced rate of the daily living component of personal independence payment is [F87payable, or has ceased to be payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act,] in respect of—

(i)the claimant; or

(ii)a member of the claimant’s family,

who has not attained the qualifying age for state pension credit][F88; F89...

[F90(ca)the enhanced rate of the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of 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 in respect of—

(i)the claimant; or

(ii)a member of the claimant’s family,

who has not attained the qualifying age for state pension credit; or]

(d)armed forces independence payment is payable in respect of (i) the claimant, or (ii) a member of the claimant’s family, who has not attained the qualifying age for state pension credit,]

[F91(1A) 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 [F92or partner] is entitled to child benefit in respect of that person under section 145A of the Act (entitlement to child benefit after death of child or qualifying young person).]

(2) [F93An enhanced disability premium shall not be applicable in respect of] [F93The condition is not satisfied if the person to whom sub-paragraph (1) refers is]—

(a)a claimant who—

(i)is not a member of a couple or a polygamous marriage; and

(ii)is a patient within the meaning of [F94regulation 28(11)(e)] and has been for a period of more than 52 weeks; or

(b)a member of a couple or a polygamous marriage where each member is a patient within the meaning of [F95regulation 28(11)(e)] and has been for a period of more than 52 weeks.

Textual Amendments

F87Words in Sch. 3 para. 15(1)(c) substituted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(6)(c)

F91Sch. 3 para. 15(1A) inserted (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(2), 12(2)(a)

F93Words in Sch. 3 para. 15(2) substituted (E.W.S.) (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(2), 12(2)(b)

F94Words in Sch. 3 para. 15(2)(a)(ii) substituted by S.I. 2005/2502, reg. 2(15)(b) (as amended) (3.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(15)(c) (with regs. 2, 3, Sch. 3, Sch. 4)

Disabled child premiumE+W+S

16.  The condition is that a 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—

(a)is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or

[F96(aa)is in receipt of child disability payment; or]

(b)is [F97severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 13; or

[F98(c)is a child or young person in respect of whom section 145A of the Act (entitlement to child benefit 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][F99; or

(d)is a young person who is in receipt of personal independence payment or who would, but for [F100payment ceasing by virtue of] 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][F101; or

[F102(da)is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of 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; or]

(e)is a young person who is in receipt of armed forces independence payment.]

Textual Amendments

F97Words in Sch. 3 para. 16(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(c)(iii)

F98Sch. 3 para. 16(c) substituted (1.4.2011 for specified purposes, 4.4.2011 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(2), 12(3)

F100Words in Sch. 3 para. 16(d) inserted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(6)(d)

Carer premiumE+W+S

17.—(1) The condition is that the claimant or his partner is, or both of them are, entitled to a carer's allowance under section 70 of the Act.

(2) Where a carer premium is awarded but—

(a)the person in respect of whose care the carer's allowance has been awarded dies; or

(b)in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer's allowance,

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 (3).

(3) The relevant date for the purposes of sub-paragraph (2) shall be—

(a)where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer's allowance has been awarded or the date of death if the death occurred on a Sunday;

(b)in any other case, the date on which the person who has been entitled to a carer's allowance ceases to be entitled to that allowance.

(4) Where a person who has been entitled to a carer's allowance ceases to be entitled to that allowance and makes a claim for housing benefit, 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—

(a)the person in respect of whose care the carer's allowance has been awarded dies;

(b)in any other case, the person who has been entitled to a carer's allowance ceased to be entitled to that allowance.

Persons in receipt of concessionary paymentsE+W+S

18.  For the purpose of determining whether a premium is applicable to a person under paragraphs 13 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 benefitE+W+S

19.  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.

PART 4E+W+SAmounts of premiums specified in Part 3

20.

[F103PremiumAmount

(5) Disability Premium—

(5)  

(a)where the claimant satisfies the condition in paragraph 12(a);

(a)£39.85;

(b)where the claimant satisfies the condition in paragraph 12(b).

(b)£56.80.

(6) Severe Disability Premium—

(6)  

(a)where the claimant satisfies the condition in paragraph 14(2)(a);

(a)£76.40;

(b)where the claimant satisfies the condition in paragraph 14(2)(b)—

 

(i)in a case where there is someone in receipt of carer's allowance or who has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013 or if he or any partner satisfies that condition only by virtue of paragraph 14(5);

(b) 

(i)£76.40;

(ii)in a case where there is no one in receipt of such an allowance or such an award of universal credit.

(b) 

(ii)£152.80.

(7) Disabled Child Premium.

(7)  £74.69 in respect of each child or young person in respect of whom the condition specified in paragraph 16 of Part 3 of this Schedule is satisfied.

(8) Carer Premium.

(8)  £42.75 in respect of each person who satisfies the condition specified in paragraph 17.

(9) Enhanced Disability Premium....

(9)  

(a) £30.17 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied;

(b) £19.55 in respect of each person who is neither—

(i)a child or young person; nor

(ii)a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 15 are satisfied;

(c) £27.90 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15 are satisfied in respect of a member of that couple or polygamous marriage.]

Textual Amendments

F103Sch. 3 Pt. 4 table substituted (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(8), Sch. 5

[F104PART 5E+W+SThe [F105component]

Textual Amendments

[F10621.—(1) Subject to paragraph 22, the claimant is entitled to[F107the component in paragraph] 24 if—E+W+S

(a)the claimant or the claimant’s partner has made a claim for employment and support allowance;

(b)[F108the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and]

(c)one of the following applies—

(i)the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;

(ii)regulation 7 of the Employment and Support Allowance Regulations [F109or regulation 7 of the Employment and Support Allowance Regulations 2013] (circumstances where the condition that the assessment phase has ended before entitlement to the support component F110... arises does not apply) applies; or

(iii)the conditions in sub-paragraph (2) apply.

(2) The conditions referred to in sub-paragraph (1)(c)(iii) are—

(a)neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;

(b)either is or both are entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work or limited capability for work); and

(c)paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.]

Textual Amendments

[F11121A.  Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowance[F112, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)].]E+W+S

Textual Amendments

22.—(1) The claimant has no entitlement under paragraph F113... 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.E+W+S

(2) Where the claimant and the claimant’s partner each satisfies paragraph F114... 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.

Textual Amendments

The work-related activity componentE+W+S

F11523.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The support componentE+W+S

24.  The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.

F116F117PART 6E+W+SAmount of [F118component]

Textual Amendments

F116Sum in Sch. 3 para. 25 substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up Rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(9)(a)

F117Sum in Sch. 3 para. 25 substituted (1.4.2022 for specified purposes, 4.4.2021 in so far as not already in force) by The Social Security Benefits Up Rating Order 2022 (S.I. 2022/292), arts. 1(3)(j), 24(9)(a)

25.  [F119The amount of the work-related activity component is [F120£33.70].]E+W+S

Textual Amendments

F120Sum in Sch. 3 para. 25 substituted (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(9)(a)

26.  The amount of the support component is [F121£44.70].]E+W+S

Textual Amendments

F121Sum in Sch. 3 para. 26 substituted (1.4.2023 for specified purposes, 3.4.2023 in so far as not already in force) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(j), 24(9)(b)

[F122PART 7E+W+STransitional Addition

Textual Amendments

27.—(1) The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant’s partner (“the relevant person”)—E+W+S

(a)is entitled to a converted employment and support allowance[F123, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)]; or

(b)is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—

(i)is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations [F124or regulation 26 of the Employment and Support Allowance Regulations 2013, in either case] as modified by the Employment and Support Allowance (Existing Awards) Regulations; and

(ii)is not in receipt of an income-related employment and support allowance,

unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil.

(2) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a)the reduction of the transitional addition to nil in accordance with paragraph 31;

(b)the termination of the claimant’s award of housing benefit;

(c)the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;

(d)the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

F125(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

28.—(1) This paragraph applies where—E+W+S

(a)the claimant’s entitlement to a transitional addition ends, by virtue of the termination of the claimant’s award of housing benefit, under—

(i)paragraph 27(2)(b);

(ii)sub-paragraph (3)(b) of this paragraph; or

(iii)paragraph 29(3)(b);

(b)within [F12612] weeks of that termination F127... the claimant again becomes entitled to housing benefit;

(c)in the benefit week in which the claimant again becomes entitled to housing benefit the relevant person [F128satisfies the requirements of paragraph 27(1) or] is entitled to an employment and support allowance which is not income-related [F129and];

F130(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)at the date on which the claimant again becomes entitled to housing benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to housing benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a)the reduction of the transitional addition to nil in accordance with paragraph 31;

(b)the termination of the claimant’s award of housing benefit;

(c)the relevant person [F131no longer satisfying the requirements of paragraph 27(1) or] no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

(d)the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

F132(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29.—(1) This paragraph applies where—E+W+S

(a)the claimant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—

(i)paragraph 27(2)(c);

(ii)paragraph 28(3)(c); or

(iii)sub-paragraph (3)(c) of this paragraph;

(b)F133... the relevant person again becomes entitled to an employment and support allowance which is not income-related;

[F134(c)at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations [F135or regulation 86 of the Employment and Support Allowance Regulations 2013] applies to the relevant person; and]

(d)at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for housing benefit purposes, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a)the reduction of the transitional addition to nil in accordance with paragraph 31;

(b)the termination of the claimant’s award of housing benefit;

(c)the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);

(d)the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

F136(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 8E+W+SAmount of transitional addition

30.—(1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.E+W+S

(2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person—

(a)Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and

(b)Amount B is the basic amount that applied on that day as a result of that decision.

(3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations—

(a)Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and

(b)Amount B is the basic amount that applied on that day as a result of the relevant person being so treated.

(4) In this paragraph and paragraph 31, “basic amount” means the aggregate of such amounts as may apply in the claimant’s case in accordance with regulation 22[F137(1)](a) to (e) or regulation 23[F137(1)](a) to (f).

Textual Amendments

31.—(1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant’s basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D.E+W+S

(2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil.

(3) Amount C is the basic amount that applies as a result of the increase.

(4) Amount D is the basic amount that applied immediately before the increase.]

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