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The Income Support (General) Regulations 1987

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Severe Disability PremiumE+W+S

13.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant[F1, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)]—

(i)he is in receipt of attendance allowance[F2, F3... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F4or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F5, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F6or armed forces independence payment], and

(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F7normally residing with him or with whom he is normally residing,] and

[F8(iii)no person is entitled to, and in receipt of, [F9a carer’s allowance] under section 70 of the Contributions and Benefits Act [F10or carer support payment] [F11or has an award of universal credit which includes the carer element] in respect of caring for him;]

(b)[F12in the case of a claimant who] has a partner—

(i)he is in receipt of attendance allowance[F13, F14... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F15or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F16, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F17or armed forces independence payment]; and

(ii)his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F18normally residing with him or with whom he is normally residing,]

and, either [F19a person is entitled to, and in receipt of, [F9a carer’s allowance] [F20or carer support payment] [F21or 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] [F22or payment] [F23or has such an award of universal credit] in respect of caring for either member of the couple or any partner of the polygamous marriage.

[F24(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is [F25severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.]

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance[F26, F27... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F28or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F29, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F30or armed forces independence payment]; or

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)subject to sub-paragraph (4), 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 was treated as a severely disabled person; [F32or

(d)a person who is [F33severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 12(1)(a)(iii) and (2).]

[F34(3A) For the purposes of sub-paragraph (2)(b) a person shall be treatedF35...—

(a)[F36as being in receipt of] attendance allowance[F37, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;]

[F38(b)as being entitled to and in receipt of [F9a carer’s allowance] [F39or carer support payment] [F40or having an award of universal credit which includes the carer element] 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 entitled and in receipt [F41of carer’s allowance [F39or carer support payment] or have such an award of universal credit].]

[F42(c)as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt][F43;

(d)as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the [F44Disability Assistance for Working Age People (Scotland) Regulations 2022], if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt]

[F45(3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of [F9carer’s allowance] [F46, carer support payment] [F47or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F48the date on which the award is first paid].]

(4) Sub-paragraph (3)(c) 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.

[F49(5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of [F9a carer’s allowance] [F50or as having an award of universal credit which includes the carer element] shall include references to a person who would have been in receipt of that allowance [F51or had such an award] but for the application of a restriction under section [F526B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F53(6) For the purposes of this paragraph, 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.]

Textual Amendments

F11Words in Sch. 2 para. 13(2)(a)(iii) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(2)

F21Words in Sch. 2 para. 13(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(3)(a)

F23Words in Sch. 2 para. 13(2)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(3)(b)

F25Words in Sch. 2 para. 13(2A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(2)(a)(ii)(aa)

F31Sch. 2 para. 13(3)(b) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(3)

F33Words in Sch. 2 para. 13(3)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(2)(a)(ii)(bb)

F40Words in Sch. 2 para. 13(3A)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(4)(a)

F41Words in Sch. 2 para. 13(3A)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(4)(b)

F45Sch. 2 para. 13(3ZA) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(4)

F47Words in Sch. 2 para. 13(3ZA) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(5)

F48Words in Sch. 2 para. 13(3ZA) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(7)(e)

F50Words in Sch. 2 para. 13(5) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(6)(a)

F51Words in Sch. 2 para. 13(5) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(6)(b)

F53Sch. 2 para. 13(6) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 14(7)

Modifications etc. (not altering text)

C1Sch. 2 applied (with modifications) (8.4.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(b), 24(2))

Commencement Information

I1Sch. 2 para. 13 in force at 11.4.1988, see reg. 1

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