SCHEDULE 3Applicable amounts
PART 3Premiums
Severe disability premium6
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, 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 allowanceF4, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF23, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF24, 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 2022F9or armed forces independence payment; and
ii
subject to sub-paragraph (6), 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 F19under section 70 of the Act or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013 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 allowanceF5, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF25, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF26, 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 2022F10or armed forces independence payment; and
ii
iii
subject to sub-paragraph (6), 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 entitled to and in receipt of a carer's allowance F17or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance F18or has such an award of universal credit in respect of caring for either member of a couple or any of the members of the marriage.
3
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
F134
For the purposes of sub-paragraph (3), a person is blind if he is certified as severely sight impaired or blind by a consultant ophthalmologist.
F145
For the purposes of sub-paragraph (4), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as blind 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.
6
For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—
a
a person receiving attendance allowanceF7, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF27, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF28, 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 2022F11or armed forces independence payment; or
b
a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5).
7
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 F20or 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 and in receipt F21or have such an award of universal credit.
F8c
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 F12payment ceasing by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receiptF29;
F29d
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 for Working Age People (Scotland) Regulations 2022, if they 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
8
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b)—
a
b
references to a person being in receipt of a carer's allowance F15or 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 F16or had such an award of universal credit but for the application of a restriction under section F36B or 7 of the Social Security Fraud Act 2001 F1 (loss of benefit).