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

Enhanced disability premium

This section has no associated Explanatory Memorandum

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

(a)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; or

(b)the daily living component of personal independence payment is [F2payable, or has ceased to be payable by virtue of] regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate under section 78(2) of the 2012 Act; [F3or

(c)armed forces independence payment is payable]

in respect of a child or young person who is a member of the claimant’s family.]

[F4(2) 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 [F5or partner] is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).]

Textual Amendments

F2Words in Sch. 3 para. 7(1)(b) 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), 4(5)(b)

F4Sch. 3 para. 7(2) added (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), 13(2)(c)