The Housing Benefit Regulations 2006

Enhanced disability premiumE+W+S

This section has no associated Explanatory Memorandum

15.—[F1(1) Subject to sub-paragraph (2), the condition is that—

( a)[F2the 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 [F3has not attained the qualifying age for state pension credit]][F4; or

[F5(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 [F6payable, 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][F7; 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,]

[F8(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 [F9or 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) [F10An enhanced disability premium shall not be applicable in respect of] [F10The 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 [F11regulation 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 [F12regulation 28(11)(e)] and has been for a period of more than 52 weeks.

Textual Amendments

F6Words 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)

F8Sch. 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)

F10Words 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)

F11Words 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)