12.—(1) Subject to sub-paragraph (2), the condition is that—
(a)the Secretary of State has decided that the applicant 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 be payable at the highest rate prescribed under section 72(3) of the SSCBA, but for a suspension of benefit in accordance with regulations made under section 113(2) of the SSCBA or but for an abatement as a consequence of hospitalisation, in respect of—
(i)the applicant; or
(ii)a member of the applicant’s family,
who has not attained the qualifying age for state pension credit; or
(c)the daily living component of personal independence payment is, or would be payable at the enhanced rate prescribed in accordance with section 78(2) of the Welfare Reform Act 2012, but for a suspension of benefit in accordance with section 86 of the Welfare Reform Act 2012 in respect of—
(i)the applicant; or
(ii)a member of the applicant’s family,
who has not attained the qualifying age for state pension credit: or
(d)AFIP is payable in respect of—
(i)the applicant; or
(ii)a member of the applicant’s family,
who has not attained the qualifying age for state pension credit.
(2) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the applicant or partner is entitled to child benefit in respect of that child or young person under section 145A of the SSCBA (entitlement after death of child or qualifying young person).
(3) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—
(a)an applicant who—
(i)is not a member of a couple or a polygamous marriage; and
(ii)is a patient within the meaning of paragraph 21(11)(g) of Schedule 6 (treatment of child care charges) 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 paragraph 21(11)(g) of Schedule 6 and has been for a period of more than 52 weeks.