- Latest available (Revised)
- Point in Time (10/04/2017)
- Original (As made)
Version Superseded: 23/06/2017
Point in time view as at 10/04/2017. This version of this schedule contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the The Employment and Support Allowance Regulations 2008, SCHEDULE 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulations 67(1)(a) and (2) and 68(1)(a) and (b)
1. The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) are the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages).E+W+S
(1) | (2) | |||||
---|---|---|---|---|---|---|
Person or Couple | Amount | |||||
(1) | Single claimant— | (1) | ||||
(a) | who satisfies the conditions set out in section 2(2) [F1or (3)] or 4(4) [F1or (5)] of the Act; | (a) | [F2£73.10]; | |||
(b) | aged not less than 25; | (b) | [F2£73.10]; | |||
(c) | aged less than 25. | (c) | [F2£57.90]; | |||
(2) | Lone parent [F3or a person who has no partner and who is responsible for and a member of the same household as a young person]— | (2) | ||||
(a) | who satisfies the conditions set out in section 4(4) [F4or (5)] of the Act; | (a) | [F2£73.10]; | |||
(b) | aged not less than 18; | (b) | [F2£73.10]; | |||
(c) | aged less than 18. | (c) | [F2£57.90]; | |||
(3) | Couple— | (3) | ||||
(a) | where both members are aged not less than 18; | (a) | [F2£114.85]; | |||
(b) | where one member is aged not less than 18 and the other member is a person under 18 who— | (b) | [F2£114.85]; | |||
(i) | [F5if that other member had not been a member] of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | |||||
(ii) | [F6if that other member had not been a member] of a couple, would satisfy the requirements for entitlement to an income-related allowance; or | |||||
(iii) | satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||||
(iv) | is the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||||
(c) | where the claimant satisfies the conditions set out in section 4(4) [F7or (5)] of the Act and both members are aged less than 18 and— | (c) | [F2£114.85]; | |||
(i) | at least one of them is treated as responsible for a child; or | |||||
(ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | |||||
(iii) | had they not been members of a couple the claimant's partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | |||||
(iv) | the claimant's partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||||
(v) | there is in force in respect of the claimant's partner a direction under section 16 of that Act (persons under 18: severe hardship); | |||||
(d) | where both members are aged less than 18 and— | (d) | [F2£87.50]; | |||
(i) | at least one of them is treated as responsible for a child; or | |||||
(ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | |||||
(iii) | had they not been members of a couple the claimant's partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or | |||||
(iv) | the claimant's partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||||
(v) | there is in force in respect of the claimant's partner a direction under section 16 of that Act (persons under 18: severe hardship); | |||||
(e) | where the claimant is aged not less than 25 and the claimant's partner is a person under 18 who— | (e) | [F2£73.10]; | |||
(i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||||
(ii) | would not qualify for income support if the person were not a member of a couple; | |||||
(iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||||
(iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||||
(f) | where the claimant satisfies the conditions set out in section 4(4) [F8or (5)] of the Act and the claimant's partner is a person under 18 who— | (f) | [F2£73.10]; | |||
(i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||||
(ii) | would not qualify for income support if the person [F9were] not a member of a couple; | |||||
(iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||||
(iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||||
(g) | where the claimant satisfies the conditions set out in section 4(4) [F10or (5)] of the Act and both members are aged less than 18 and paragraph (c) does not apply; | (g) | [F2£73.10]; | |||
(h) | [F11where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | (h) | [F2£57.90]; | |||
(i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||||
(ii) | would not qualify for income support if the person were not a member of a couple; | |||||
(iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||||
(iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);] | |||||
(i) | where both members are aged less than 18 and paragraph (d) does not apply. | (i) | [F2£57.90]. |
Textual Amendments
F1Words in Sch. 4 Pt. 1 para. 1(1)(a) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(a)(i) (with Sch. 2 paras. 1-7)
F2Sch. 4 Pt. 1 sums substituted (with effect in accordance with art 1(2)(i) of the amending S.I.) by The Welfare Benefits Up-rating Order 2015 (S.I. 2015/30), arts. 1(2)(i), 11(1), Sch. 4
F3Words in Sch. 4 Pt. 1 para. 1(2) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 5(5)(a)
F4Words in Sch. 4 Pt. 1 para. 1(2)(a) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(a)(ii) (with Sch. 2 paras. 1-7)
F5Words in Sch. 4 para. 1(3)(b)(i) substituted (26.10.2009) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 11(16)
F6Words in Sch. 4 para. 1(3)(b)(ii) substituted (26.10.2009) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 11(16)
F7Words in Sch. 4 Pt. 1 para. 1(3)(c) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(a)(iii) (with Sch. 2 paras. 1-7)
F8Words in Sch. 4 Pt. 1 para. 1(3)(f) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(a)(iii) (with Sch. 2 paras. 1-7)
F9Word in Sch. 4 para. 1(3) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 14(1)(a)(i)
F10Words in Sch. 4 Pt. 1 para. 1(3)(g) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(a)(iii) (with Sch. 2 paras. 1-7)
F11Words in Sch. 4 para. 1(3) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 14(1)(a)(ii)
Modifications etc. (not altering text)
C1Sch. 4 para. 1 sums maintained (6.4.2016 to 5.4.2020) (16.3.2016) by Welfare Reform and Work Act 2016 (c. 7), s. 36(1)(b), Sch. 1 para. 1(h)
Regulations 67(1)(b) and 68(1)(c)
2. Except as provided in paragraph 4, the weekly premiums specified in Part 3 of this Schedule are, for the purposes of regulation 67(1)(b) and 68(1)(c), to be applicable to a claimant who satisfies the condition specified in paragraphs 5 to 8 in respect of that premium.E+W+S
3. An enhanced disability premium in respect of a person is not applicable in addition to a pensioner premium.E+W+S
4.—(1) For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person is to be treated as being in receipt of any benefit—E+W+S
(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F12 applies, for any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; and
(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973F13, or by [F14Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 F15, or for any period during which the person is in receipt of a training allowance.
(2) [F16For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of—
(a)attendance allowance;
(b)the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; F17...
(c)the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F18; or]
[F18(d)armed forces independence payment.]
Textual Amendments
F131973 c. 50, as amended by sections 9 and 11 of, and Schedule 2, Part II paragraph 9 and Schedule 3 to, the Employment and Training Act 1981 (c. 57).
F14Words in Sch. 4 para. 4(1)(b) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 10(2)(b)
F16Sch. 4 para. 4(2) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(a)
5. The condition is that the claimant or the claimant's partner has attained the qualifying age for state pension credit.
6.—(1) The condition is that the claimant is a severely disabled person.
(2) For the purposes of sub-paragraph (1), a claimant is to be treated as being a severely disabled person if, and only if—
(a)in the case of a single claimant, a lone parent[F19, a person who has no partner and who is responsible for and a member of the same household as a young person] or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—
(i)the claimant is in receipt of the care component[F20, the daily living component][F21, armed forces independence payment] [F22or attendance allowance];
(ii)subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing; and
(iii)no person is entitled to, and in receipt of, [F23a carer’s allowance or has an award of universal credit which includes the carer element] in respect of caring for the claimant;
(b)in the case of a claimant who has a partner—
(i)the claimant is in receipt of the care component[F24, the daily living component][F25, armed forces independence payment] [F26or attendance allowance];
(ii)the claimant's partner is also in receipt of the care component[F27, the daily living component][F28, armed forces independence payment] or attendance allowance or, if the claimant is a member of a polygamous marriage, all the partners of that marriage are in receipt of the care component[F27, the daily living component][F28, armed forces independence payment] or attendance allowance; and
(iii)subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing,
and, either a person is entitled to, and in receipt of, a carer's allowance [F29or has an award of universal credit which includes the carer element] in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance [F30or has such an award of universal credit] in respect of caring for either member of the couple or any partner of the polygamous 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 severely sight impaired or is treated as blind or severely sight impaired that partner is to be treated for the purposes of sub-paragraph (2) as if the partner were not a partner of the claimant.
(4) For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account is to be taken of—
(a)a person receiving attendance allowance,[F31the daily living component][F32, armed forces independence payment] or the care component;
(b)subject to sub-paragraph (7), a person who joins the claimant's household for the first time in order to care for the claimant or the claimant's partner and immediately before so joining the claimant or the claimant's partner was treated as a severely disabled person; or
(c)a person who is blind or severely sight impaired or is treated as blind or severely sight impaired.
(5) For the purposes of sub-paragraph (2)(b) a person is to be treated—
(a)as being in receipt of attendance allowance or the care component if the person would, but for the person 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 [F33or having an award of universal credit which includes the carer element] if the person would, but for the person for whom the person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt [F34of carer’s allowance or have such an award of universal credit].
[F35(c)as being in entitled to, and in receipt of, the daily living component if the person would, but for regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so entitled and in receipt.]
(6) For the purposes of sub-paragraph (2)(a)(iii) and (b), no account is to be taken of an award of carer's allowance [F36or universal credit which includes the carer element] to the extent that payment of such an award is backdated for a period before the date on which the award is first paid.
(7) Sub-paragraph (4)(b) is to apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.
(8) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance [F37or as having an award of universal credit which includes the carer element] are to include references to a person who would have been in receipt of that allowance [F38or had such an award] but for the application of a restriction under section [F396B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
(9) [F40(a)] In this paragraph—
[F41blind or severely sight impaired” means certified as blind or severely sight impaired by a consultant ophthalmologist and a person who has ceased to be certified as blind or severely sight impaired where that person’s eyesight has been regained is, nevertheless, to be treated as blind or severely sight impaired for a period of 28 weeks following the date on which the person ceased to be so certified;]
“the care component” means the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.
[F42(b)A person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.]
Textual Amendments
F19Words in Sch. 4 Pt. 2 para. 6(2)(a) inserted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 5(5)(b)
F20Words in Sch. 4 para. 6(2)(a)(i) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(i)
F21Words in Sch. 4 para. 6(2)(a)(i) 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. 37(5)(b)(i)
F22Words in Sch. 4 para. 6(2)(a)(i) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(14)(a)
F23Words in Sch. 4 para. 6(2)(a)(iii) substituted (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), 19(2)
F24Words in Sch. 4 para. 6(2)(b)(i) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(ii)
F25Words in Sch. 4 para. 6(2)(b)(i) 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. 37(5)(b)(ii)
F26Words in Sch. 4 para. 6(2)(b)(i) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(14)(b)
F27Words in Sch. 4 para. 6(2)(b)(ii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(iii)
F28Words in Sch. 4 para. 6(2)(b)(ii) 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. 37(5)(b)(iii)
F29Words in Sch. 4 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), 19(3)(a)
F30Words in Sch. 4 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), 19(3)(b)
F31Words in Sch. 4 para. 6(4)(a) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(iv)
F32Words in Sch. 4 para. 6(4)(a) 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. 37(5)(b)(iv)
F33Words in Sch. 4 para. 6(5)(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), 19(4)(a)
F34Words in Sch. 4 para. 6(5)(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), 19(4)(b)
F35Sch. 4 para. 6(5)(c) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(b)(v)
F36Words in Sch. 4 para. 6(6) 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), 19(5)
F37Words in Sch. 4 para. 6(8) 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), 19(6)(a)
F38Words in Sch. 4 para. 6(8) 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), 19(6)(b)
F39Words in Sch. 4 para. 6(8) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 12(3)
F40Sch. 4 para. 6(9)(a): para. 6(9) renumbered as para. 6(9)(a) (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), 19(7)(a)
F41Words in Sch. 4 para. 6(9) 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(7)(a)
F42Sch. 4 para. 6(9)(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), 19(7)(b)
7.—(1) Subject to sub-paragraph (2), the condition is that—
(a)the claimant's applicable amount includes the support component; F43...
(b)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 Contributions and Benefits Act or, but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of that Act in respect of—
(i)the claimant; or
(ii)the claimant's partner (if any) who is aged less than the qualifying age for state pension credit[F44; F45...]
[F44(c)the daily living component is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate under section 78(2) of that Act in respect of—
(i)the claimant; or
(ii)the claimant’s partner (if any) who is aged less then the qualifying age for state pension credit][F46; or]
[F46(d)armed forces independence payment is payable in respect of—
(i)the claimant; or
(ii)the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit.]
(2) An enhanced disability premium is not 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 regulation 69(2) 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 regulation 69(2) and has been for a period of more than 52 weeks.
Textual Amendments
F43Word in Sch. 4 para. 7(1)(a) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(c)(i)
F44Sch. 4 para. 7(1)(c) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(5)(c)(ii)
8.—(1) Subject to sub-paragraphs (2) and (4), the condition is that the claimant or the claimant's partner is, or both of them are, entitled to a carer's allowance under section 70 of the Contributions and Benefits Act.
(2) Where a carer premium is awarded but—
(a)the person in respect of whose care the carer's allowance has been awarded dies; or
(b)in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer's allowance,
the condition for the award of the premium is to be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).
(3) The relevant date for the purposes of sub-paragraph (2) is—
(a)where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer's allowance has been awarded or the date of death if the death occurred on a Sunday; or
(b)in any other case, the date on which the person who has been entitled to a carer's allowance ceases to be entitled to that allowance.
(4) Where a person who has been entitled to a carer's allowance ceases to be entitled to that allowance and makes a claim for an income-related allowance, the condition for the award of the carer premium is to be treated as satisfied for a period of 8 weeks from the date on which—
(a)the person in respect of whose care the carer's allowance has been awarded dies; or
(b)in any other case, the person who has been entitled to a carer's allowance ceased to be entitled to that allowance.
9. For the purpose of determining whether a premium is applicable to a person under paragraphs 6, 7 and 8, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.
10. For the purposes of this Part of this Schedule, a person is to be regarded as being in receipt of any benefit if, and only if, it is paid in respect of the person and is to be so regarded only for any period in respect of which that benefit is paid.
Premium | Amount | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
Valid from 11/04/2022 11.—(1) | Pensioner premium for a person to whom paragraph 5 applies who— | (1) | ||||||||
(a) | is a single claimant and— | (a) | ||||||||
(i) | [F47is entitled to the work-related activity component;] | (i) | [F47[F48£57.20];] | |||||||
(ii) | is entitled to the support component; or | (ii) | [F48£49.70]; | |||||||
(iii) | [F49is not entitled to either of those components;] [F49is not entitled to the support component;] | (iii) | [F48£86.25]; | |||||||
(b) | is a member of a couple and— | (b) | ||||||||
(i) | [F50is entitled to the work-related activity component;] | (i) | [F50[F48£99.35];] | |||||||
(ii) | is entitled to the support component; or | (ii) | [F48£91.85]; | |||||||
(iii) | [F51is not entitled to either of those components.] [F51is not entitled to the support component;] | (iii) | [F48£128.40]. | |||||||
(2) | Severe disability premium— | (2) | ||||||||
(a) | where the claimant satisfies the condition in paragraph 6(2)(a); | (a) | [F52£62.45;] | |||||||
(b) | where the claimant satisfies the condition in paragraph 6(2)(b)— | (b) | ||||||||
(i) | if there is someone in receipt of a carer's allowance or if the person or any partner satisfies that condition only by virtue of paragraph 6(5); | (i) | [F52£62.45]; | |||||||
(ii) | if no-one is in receipt of such an allowance. | (ii) | [F52£124.90]. | |||||||
(3) | Carer premium. | (3) | [F53£34.95] in respect of each person who satisfies the condition specified in paragraph 8(1). | |||||||
(4) | Enhanced disability premium where the conditions in paragraph 7 are satisfied. | (4) | ||||||||
(a) | [F54£15.90] in respect of each person who is neither— | |||||||||
(i) | a child or young person; nor | |||||||||
(ii) | a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 7 are satisfied; | |||||||||
(b) | [F54£22.85] where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 7 are satisfied in respect of a member of that couple or polygamous marriage. |
Textual Amendments
F47Sch. 4 Pt. 3 para. 11(1)(a)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(b)(i)(aa) (with Sch. 2 paras. 1-7)
F48Sums in Sch. 4 para. 11(1) substituted (coming into force in accordance with art. 1(2)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(m), 26(1)(2), Sch. 14
F49Words in Sch. 4 Pt. 3 para. 11(1)(a)(iii) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(b)(i)(bb) (with Sch. 2 paras. 1-7)
F50Sch. 4 Pt. 3 para. 11(1)(b)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(b)(ii)(aa) (with Sch. 2 paras. 1-7)
F51Words in Sch. 4 Pt. 3 para. 11(1)(b)(iii) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(b)(ii)(bb) (with Sch. 2 paras. 1-7)
F52Sums in Sch. 4 para. 11(2) substituted (coming into force in accordance with art. 1(2)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(m), 26(1)(2), Sch. 14
F53Sum in Sch. 4 para. 11(3) substituted (coming into force in accordance with art. 1(2)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(m), 26(1)(2), Sch. 14
F54Sums in Sch. 4 para. 11(4) substituted (coming into force in accordance with art. 1(2)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(m), 26(1)(2), Sch. 14
Regulation 67(3)
Textual Amendments
F55Words in Sch. 4 Pt. 4 heading substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(c)(i) (with Sch. 2 paras. 1-7)
12. [F56The amount of the work-related activity component is [F57£28.75].]E+W+S
Textual Amendments
F56Sch. 4 Pt. 4 para. 12 omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(4)(c)(ii) (with Sch. 2 paras. 1-7)
F57Sum in Sch. 4 Pt. 4 para. 12 substituted (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Welfare Benefits Up-rating Order 2014 (S.I. 2014/147), arts. 1(2)(h), 11(2)
13. The amount of the support component is [F58£36.55].E+W+S
Textual Amendments
F58Sum in Sch. 4 Pt. 4 para. 13 substituted (coming into force in accordance with art. 1(2)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(m), 26(3)
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