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SCHEDULE 3E+W+SApplicable amounts

PART 3E+W+SPremiums

Enhanced disability premiumE+W+S

15.—(1) Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations 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—

(a)the claimant; or

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

who is aged less than 60.

(2) An enhanced disability premium shall not be applicable in respect of—

(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 [F1regulation 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 regulation 24(2) and has been for a period of more than 52 weeks.

Textual Amendments

F1Words 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)