The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Persons incapable of work

2.—(1) Where, on 12th April 1995, the disability premium was applicable to a claimant by virtue of paragraph 12(1)(b) of Schedule 2 to the 1987 Regulations or paragraph 13(1)(b) of Schedule 1 to the 1992 Regulations, as in force on that date, the disability premium shall continue to be applicable to that claimant from 13th April 1995 and for so long as he is incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work).

(2) Where, on 12th April 1995, the disability premium was applicable to a claimant and in the period from 13th April 1995 to 1st October 1995 paragraph (1) either did not apply or ceased to apply in his case, if—

(a) for the period for which paragraph (1) did not apply or ceased to apply, the claimant was incapable of work or was treated as incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (the period of incapacity); and

(b) any break in the period of incapacity did not exceed a period of 56 continuous days,

with effect from 2nd October 1995 for so long as he is incapable of work or is treated as incapable of work, the disability premium shall be applicable in his case.

(3) Paragraphs (1) and (2) shall not apply to a claimant who ceases to be incapable of work or ceases to be treated as incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a period of more than 56 continuous days.

(4) Where, in any period immediately preceding 13th April 1995, the circumstances mentioned in paragraph 12(6) of Schedule 2 to the 1987 Regulations, or paragraph 13(6) of Schedule 1 to the 1992 Regulations, as in force on 12th April 1995, applied to a claimant to whom the disability premium was not applicable, that claimant shall be treated for the purposes of—

(a) regulations 28(8)(c) and 56(2)(e) of, and paragraph 13(1)(b) of Schedule 3 to, the Housing Benefit Regulations;

(b) regulations 18(11)(e) and 45(3)(e) of, and paragraph 13(1)(b) of Schedule 1 to, the Council Tax Benefit Regulations; or as the case may be,

as if he had been incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) throughout that period.