SCHEDULE 4AMOUNTS
PART 2Premiums
Severe disability premium
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 parentF1, 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)
(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
(b)
in the case of a claimant who has a partner—
(i)
(ii)
the claimant's partner is also in receipt of the care componentF14, the daily living component F15, the daily living component of adult disability payment F16, armed forces independence payment F17, attendance allowance or pension age disability payment or, if the claimant is a member of a polygamous marriage, all the partners of that marriage are in receipt of the care componentF14, the daily living component F18, the daily living component of adult disability payment F16, armed forces independence payment F17, attendance allowance or pension age disability payment ; 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 F19or carer support payment F20or 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 F21or payment F22or 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)
(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 F27or carer support payment F28or 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 F29of carer’s allowance F27or carer support payment or have such an award of universal credit.
F30(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.
F31(d)
as being in entitled to, and in receipt of, the daily living component of adult disability payment if the person would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receiptF32;
(e)
as being in receipt of pension age disability payment if the person would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so 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 F33, carer support payment F34or 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 F35or 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 F36or had such an award but for the application of a restriction under section F376B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
(9)
F38(a)
In this paragraph—
F39blind 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.
F40(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.