5. Except as provided in paragraph 6, the weekly premiums specified in Part IV shall, for the purposes of regulations 83(e) and 84(1)(f), be applicable to a claimant who satisfies the condition specified in paragraphs 9 to 17 in respect of that premium.
6. Subject to paragraph 7, where a claimant satisfies the conditions in respect of more than one premium in this Part, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.
7.—(1) The severe disability premium to which paragraph 15 applies may be applicable in addition to any other premium which may apply under this Schedule.
(2) The disabled child premium to which paragraph 16 applies may be applicable in addition to any other premium which may apply under this Schedule.
(3) The carer premium to which paragraph 17 applies may be applicable in addition to any other premium which may apply under this Schedule.
8.—(1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit—
(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1) applies, for any period during which, apart from the provisions of those regulations, he would be in receipt of that benefit, and
(b)for any period spent by a person on a scheme of a kind specified in sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(2) or section 1(1) of the Employment and Training Act (Northern Ireland) 1950(3).
(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of invalid care 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 attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.
9. The condition is that the claimant is a member of a family but has no partner.
10. The condition is that the claimant—
(a)is a single claimant or lone parent who has attained the age of 60;
(b)has attained the age of 60 and has a partner, or
(c)has a partner and the partner has attained the age of 60 but not the age of 75.
11. The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.
12.—(1) The condition is that—
(a)the claimant is a single claimant or lone parent who has attained the age of 60 and either—
(i)satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h), or
(ii)was entitled to either income support or an income-based jobseeker’s allowance and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age;
(b)the claimant has a partner and—
(i)the partner has attained the age of 80, or
(ii)the partner has attained the age of 60 but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him, or
(c)the claimant—
(i)has attained the age of 60;
(ii)satisfies the requirements specified in sub-paragraph (1)(a)(i) and (ii), and
(iii)has a partner.
(2) For the purposes of this paragraph and paragraph 14—
(a)once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to either income support or an income-based jobseeker’s allowance, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;
(b)in so far as sub-paragraph (1)(a)(ii) and (c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.
13. The condition is that the claimant—
(a)is a single claimant or lone parent who has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h);
(b)has not attained the age of 60, has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h), or
(c)has a partner and the partner has not attained the age of 60 and also satisfies any one of the additional conditions specified in paragraph 14.
14.—(1) The additional conditions specified in this paragraph are that—
(a)the claimant or, as the case may be, his partner, is in receipt of either disability working allowance or mobility supplement;
(b)the claimant’s partner is in receipt of severe disablement allowance;
(c)the claimant or, as the case may be, his partner, is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 43 of the Claims and Payments Regulations(4) (payment of disability living allowance on behalf of third party);
(d)the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act(5) (long-term rate of incapacity benefit payable to those who are terminally ill) applies;
(e)the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Department under Article 30(1) of the 1972 Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(6) or under section 46 of the National Health Service (Scotland) Act 1978(7) or receives payments by way of grant from the Department under Article 30(3) of the 1972 Order;
(f)the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 41 of the Claims and Payments Regulations(8) (cases where the mobility component of disability living allowance not payable);
(g)the claimant’s partner was either—
(i)in receipt of long-term incapacity benefit under section 30A(5) of the Benefits Act(9) immediately before attaining pensionable age and he is still alive, or
(ii)entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of the partner becoming a patient within the meaning of regulation 85(4) (special cases),
and in either case the higher pensioner premium or disability premium had been applicable to the claimant or his partner;
(h)the claimant or, as the case may be, his partner, is registered as blind in a register maintained by or on behalf of a Health and Social Services Board under Article 16 of the 1972 Order.
(2) For the purposes of sub-paragraph (1)(h), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.
15.—(1) In the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3), the condition is that—
(a)he is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;
(b)subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and
(c)an invalid care allowance under section 70 of the Benefits Act is not in payment to anyone engaged in caring for him.
(2) Where the claimant has a partner, the condition is that—
(a)the claimant is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”);
(b)the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit;
(c)subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing, and
(d)either—
(i)an invalid care allowance under section 70 of the Benefits Act is not in payment to anyone engaged in caring for either member of the couple or all the members of the polygamous marriage, or
(ii)a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is in receipt of an invalid care allowance under section 70 of the Benefits Act.
(3) Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is blind or treated as blind within the meaning of paragraph 14(1)(h) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
(4) The following persons shall not be regarded as a non-dependant for the purposes of sub-paragraphs (1)(b) and (2)(c)—
(a)a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;
(b)subject to sub-paragraph (6), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner satisfied the condition in sub-paragraph (1) or, as the case may be, (2), or
(c)a person who is blind or treated as blind within the meaning of paragraph 14(1)(h) and (2).
(5) For the purposes of sub-paragraph (2), a person shall be treated as being in receipt of—
(a)attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
(b)invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.
(6) Sub-paragraph (4)(b) shall 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.
(7) For the purposes of sub-paragraphs (1)(c) and (2)(d), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is backdated for a period before the date on which the award is made.
(8) A person shall be treated as satisfying this condition if he would have satisfied the condition specified for a severe disability premium in income support in paragraph 13 of Schedule 2 to the Income Support Regulations by virtue only of regulations 4 to 6 of the Income Support (General) (Amendment No. 5) Regulations (Northern Ireland) 1991(10) (savings provisions in relation to severe disability premium) and for the purposes of determining whether in the particular case regulation 4 of those regulations had ceased to apply in accordance with regulation 5(2)(a) of those regulations, a person who is entitled to an income-based jobseeker’s allowance shall be treated as entitled to income support.
16. The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household—
(a)has no capital or capital which, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would not exceed £3,000, and
(b)is in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family, or
(c)is blind or treated as blind within the meaning of paragraph 14(1)(h) and (2).
17.—(1) Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 70 of the Benefits Act.
(2) The claimant, his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of an invalid care allowance where—
(a)either or both of them would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(11);
(b)the claim for that allowance was made on or after 1st October 1990, and
(c)the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.
(3) Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of 8 weeks from and including the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.
(4) Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt of, that allowance and makes a claim for income-based jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of 8 weeks from and including the date the person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.
18. For the purpose of determining whether a premium is applicable to a person under paragraphs 14 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.
19. For the purposes of this Part, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.
1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))
1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))
Regulation 43 was amended by regulation 22 of S.R. 1992 No. 7
Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))
Regulation 41 was amended by regulation 20 of S.R. 1992 No. 7
Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994
S.R. 1991 No. 474; relevant amending regulations are S.R. 1991 No. 520
S.R. 1979 No. 242; relevant amending regulations are S.R. 1980 No. 451, S.R. 1983 No. 36 and S.R. 1984 No. 317