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The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

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Severe disability premium

This section has no associated Explanatory Memorandum

6.—(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 allowance[F1, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F2,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F3, 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]] [F4or 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 [F5under 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 allowance[F6, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F7,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F8, 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]] [F9or armed forces independence payment]; and

(ii)his partner is also in receipt of such an allowance [F10or payment] or, if the claimant is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance [F10or payment]; and

(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 [F11or 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 [F12or 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.

[F13(4) 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.]

[F14(5) 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 allowance[F15, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act[F16,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act[F17, 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]] [F18or 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 [F19or 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 [F20or have such an award of universal credit].

[F21(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 [F22payment ceasing by virtue of] regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt][F23;]

[F23(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 [F24Disability Assistance 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)no account shall be taken of an award of a carer's allowance [F25or an award of universal credit which includes the carer element] to the extent that payment of such an award is backdated for a period before [F26the date on which the award is first paid]; and

(b)references to a person being in receipt of a carer's allowance [F27or 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 [F28or had such an award of universal credit] but for the application of a restriction under section [F296B or] 7 of the Social Security Fraud Act 2001 F30 (loss of benefit).

Textual Amendments

F5Words in Sch. 3 para. 6(2)(a)(iii) 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), 18(2)(a)

F11Words in Sch. 3 para. 6(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), 18(2)(b)(i)

F12Words in Sch. 3 para. 6(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), 18(2)(b)(ii)

F13Sch. 3 para. 6(4) 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(6)(b)(i)

F14Sch. 3 para. 6(5) 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(6)(b)(ii)

F19Words in Sch. 3 para. 6(7)(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), 18(2)(c)(i)

F20Words in Sch. 3 para. 6(7)(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), 18(2)(c)(ii)

F22Words in Sch. 3 para. 6(7)(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), 4(5)(a)

F25Words in Sch. 3 para. 6(8)(a) 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), 18(2)(d)

F27Words in Sch. 3 para. 6(8)(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), 18(2)(e)(i)

F28Words in Sch. 3 para. 6(8)(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), 18(2)(e)(ii)

F30 2001 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.

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