Enhanced disability premium
15.—(1) Subject to sub-paragraph (2), the condition is that 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 in respect of—
(a)the claimant; or
(b)a member of the claimant's family,
who is aged less than 60.
(2) An enhanced disability premium shall not be applicable in respect of—
(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 [F1regulation 18(11)(e)] (patients) 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 [F2regulation 18(11)(e)] and has been for a period of more than 52 weeks.
Textual Amendments
F1Words in Sch. 1 para. 15(2)(a)(ii) substituted by SI 2005/2502 reg. 3(11)(b)(i) (as substituted) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(27) (with regs. 2, 3, Sch. 3, Sch. 4)
F2Words in Sch. 1 para. 15(2)(b) substituted by SI 2005/2502 reg. 3(11)(b)(ii) (as substituted) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(27) (with regs. 2, 3, Sch. 3, Sch. 4)