The Social Security Amendment (Enhanced Disability Premium) Regulations 2000

Amendment of the Jobseeker’s Allowance Regulations 1996

5.  In the Jobseeker’s Allowance Regulations 1996(1)—

(a) in regulation 106 (modifications in respect of children and young persons), for the words “personal allowance and disabled child premium, if any,” in each place in which they occur there shall be substituted the words “personal allowance, any disabled child premium and any enhanced disability premium”;

(b) in regulation 121(1)(b)(2) (period over which payments other than periodical payments are to be taken into account), after head (ii) there shall be inserted the following head—

“(iia) any enhanced disability premium in respect of such a child or young person;”; and

(c) in Schedule 1 (applicable amounts)—

(i) for paragraph 7 there shall be substituted the following paragraph—

“7.— (1) Subject to sub-paragraph (2), the following premiums, namely—

(a) a severe disability premium to which paragraph 15 applies;

(b) an enhanced disability premium to which paragraph 15A applies;

(c) a disabled child premium to which paragraph 16 applies; and

(d) a carer premium in which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this Part of this Schedule.

(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

(a) a pensioner premium under paragraph 10 or 11; or

(b) a higher pensioner premium under paragraph 12(3).”;

(ii) after paragraph 15 there shall be inserted the following paragraph—

“Enhanced disability premium

15A.— (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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits 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 child or young person whose capital, if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(b) 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 85(4) and has been for a period of more than six weeks; or

(c) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks.”; and

(iii) after paragraph 20(8), there shall be added to the table the following sub-paragraph—

“(9) Enhanced disability premium where the conditions in paragraph 15A are satisfied.

(9) (a) £5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied; (b) £5.95 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 15A are satisfied; (c) £8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.”;

(iv) for paragraph 20C(4) there shall be substituted the following paragraph—

“20C.— (1) Subject to sub-paragraph (2), the following premiums, namely—

(a) a severe disability premium to which paragraph 20I applies;

(b) an enhanced disability premium to which paragraph 20IA applies; and

(c) a carer premium to which paragraph 20J applies,

may be applicable in addition to any other premium which may apply under this Part of this Schedule.

(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

(a) a pensioner premium under paragraph 20E; or

(b) a higher pensioner premium under paragraph 20F.”;

(v) after paragraph 20I there shall be inserted the following paragraph—

“Enhanced disability premium

20IA.— (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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of a member of a joint-claim couple who is aged less than 60.

(2) An enhanced disability premium shall not be applicable in respect of a joint-claim couple where each member of that couple or each member of a polygamous marriage of which one member of that couple is a member, is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks.”; and

(vi) after paragraph 20M(5), there shall be added to the table the following sub-paragraph—

“(6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied.

(6) £8.60 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.”.

(1)

S.I. 1996/207.

(2)

Regulation 121(1) is amended by S.I. 1996/1803.

(3)

Paragraph 12 is amended by S.I. 1996/2231 and 2538.

(4)

Paragraphs 20(c) 20I, 20M are inserted by S.I. 2000/1978.