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The Employment and Support Allowance Regulations 2008
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Enhanced disability premiumE+W+S
This section has no associated Explanatory Memorandum
7.—(1) Subject to sub-paragraph (2), the condition is that—
(a)the claimant's applicable amount includes the support component; F1...
(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[F2; F3...]
[F2(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][F4; or]
[F4(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
F1Word 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)
F2Sch. 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)
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