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15.—(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 Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the 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 claimant who—
(i)is not a member of a couple or a polygamous marriage; and
(ii)is a patient within the meaning of regulation 14(2) (patients) 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 regulation 14(2) and has been for a period of more than 52 weeks.
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