Enhanced disability premium
15.—[F1(1) Subject to sub-paragraph (2), the condition is that—
(a)the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or
(b)the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made 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—
(i)the claimant; or
(ii)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 [F2regulation 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 [F3regulation 18(11)(e)] and has been for a period of more than 52 weeks.
Textual Amendments
F1Sch. 1 para. 15(1) substituted by S.I. 2008/1082, reg. 59(c) (27.10.2008) (as amended) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), reg. 39(b),
F2Words 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)
F3Words 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)