The Council Tax Benefit (General) Regulations 1992

Severe Disability Premium

14.—(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 or lone parent—

(i) he is in receipt of attendance allowance, or the care component of disability living allowance by at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992, and

(ii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

(iii) an invalid care allowance under section 70 of the Contributions and Benefits Act 1992 is not in payment to anyone in respect of caring for him;

(b) in the case of a claimant who has a partner—

(i) the claimant is in receipt of attendance allowance, or disability living allowance by virtue of entitlement to the care component at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992, 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 of such an allowance, and

(iii) subject to sub-paragraph (3), the claimant has no non-dependants aged 18 or over residing with him,

and either an invalid care allowance is in payment to someone in respect of caring for only one of a couple or, in the case of a polygamous marriage for one or more but not all the partners of the marriage, or else such an allowance is not in payment to anyone in respect of caring for either member of a couple or any partner of a polygamous marriage.

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

(a) a person receiving attendance allowance, or disability living allowance by virtue of entitlement to the care component at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act 1992, or

(b) a boarder.