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
[F2(aa)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 a member of the claimant’s family; or]
(b)the daily living component of personal independence payment is [F3payable, 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; F4[F5...
[F6(ba)the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the [F7Disability Assistance for Working Age People (Scotland) Regulations 2022], at the enhanced rate in accordance with regulation 5 of those Regulations; or;]
(c)armed forces independence payment is payable]
in respect of a child or young person who is a member of the claimant’s family.]
[F8(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 [F9or 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
F1Sch. 3 para. 7(1) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(7)(c)
F2Sch. 3 para. 7(1)(aa) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 7 para. 5(3)
F3Words 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)
F4Word in Sch. 3 para. 7(1)(b) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 10(7)(g)
F5Sch. 3 para. 7(1)(c) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 35(7)(c)
F6Sch. 3 para. 7(1)(ba) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 10(7)(h)
F7Words in Sch. 3 para. 7(1)(ba) substituted (6.6.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022 (S.I. 2022/530), arts. 1(2), 4(2)(b)
F8Sch. 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)
F9Words in Sch. 3 para. 7(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 20(10)(b)