The condition is that–

(a) where the claimant is a single claimant or a lone parent, he 1_{has not attained}

the qualifying age for state pension credit and the additional condition specified in paragraph 13 is satisfied; or

(b) where the claimant has a partner, either–

(i) the claimant 1_{has not attained the qualifying age for state pension}

credit and the additional condition specified in paragraph 13(1)(a) or (b) is satisfied by him; or

(ii) his partner 1_{has not attained the qualifying age for state pension credit}

and the additional condition specified in paragraph 13(1)(a) is satisfied by his partner.

Additional Condition for the 2_{Disability Premiums}

13.—(1) Subject to sub-paragraph (2) and paragraph 7, the additional condition

referred to in paragraphs 11 and 12 is that either– (a) the claimant or, as the case may be, his partner–

(i) is in receipt of one or more of the following benefits: attendance allowance, disability living allowance, 3_{personal independence}

payment4_{, armed forces independence payment, the disability}

element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit Regulations, mobility supplement, long-term incapacity benefit under Part 2 of the Act or severe disablement allowance under Part 3 of the Act but, in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him; or

(ii) was in receipt of long-term incapacity benefit under Part 2 of the Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and the claimant has since remained continuously entitled to housing benefit and, if the long-term incapacity benefit was payable to his partner, the partner is still a member of the family; or

(iii) 5_{, was in receipt of attendance allowance or disability living allowance}

but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of

5_{regulation 28(11)(e) (treatment of child care charges); or}

6_{(iiia) was in receipt of personal independence payment that is no longer payable}

by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act.

(iv) is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977(a) (other services) or, in Scotland by the Scottish Ministers, under section 46 of the National Health Service (Scotland) Act 1978(b) (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland by the Scottish Ministers, under section 46 of the Act of 1978; or

7_{(v) certified as severely sight impaired or blind by a consultant}

ophthalmologist; or

(b) the claimant–

(i) is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work); and

Supplement No. 113 [Dec 2015] 8.2731

Sch. 3

2_{Wor ds in para. 13}

heading omitted and substituted in reg. 3(10)(e) of S.I. 2008/ 1042 as from 19.5.08.

5_{Wor ds in para.}

13(1)(a)(iii) of Sch. 2 omitted and substituted by reg. 2(15) of S.I. 2 0 0 5 / 2 5 0 2 a s f r o m 1 . 4 . 0 6 .

*See page 8.2501.

( a ) 1977 c. 49; section 5(2) was amended subsection (2A) added by the Public Health Laboratory Services Act 1979 (c. 23), section 1, and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

( b ) 1978 c. 29.

1_{Words substituted in}

para. 12(a) & (b) by reg. 26(2) of S.I. 2009/ 1488 as from 6.4.10.

3_{Wor ds added to para.}

13(1)(a)(i) to Sch. 3 by para. 36(6)(b) of Sch. to S.I. 2013/388 as from 8 . 4 . 1 3 . 6_{Para. 13(1)(a)(iiia)} substituted by reg. 3(6)(a) of S.I. 2014/ 213. See reg. 1(3) to this S.I. for when to a p p l y.

4_{Wor ds inserted in par a.}

13(1)(a)(i) of Sch. 3 by para. 34(6)(b) of Sch. to S.I. 2013/591 as from 8 . 4 . 1 3 . 7_{Para. 13(1)(a)(v)} substituted by reg. 3(5)(c)(i) of S.I. 2014/ 2888 as from 26.11.14.

The Law Relating to Social Security

(ii) has been incapable, or has been treated as incapable, of work for a continuous period of not less than–

(aa) in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Act(a), 196 days;

(bb) in any other case, 364 days.

1_{(2) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be}

certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, 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 certified.

(3) For the purposes of sub-paragraph (1)(b), once 2_{ the disability premium is}

applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4) 2_

(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the 1973 Act(b) or for any period during which he is in receipt of a training allowance. (6) For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.

(7) For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

(8) In the case of a claimant who is a welfare to work beneficiary 3_{(a person to}

whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the Act)–

(a) the reference to a period of 8 weeks in sub-paragraph (3); and (b) the reference to a period of 56 days in sub-paragraph (6), shall in each case be treated as a reference to a period of 4_{104 weeks.}

5_{(9) The claimant is not entitled to the disability premium if the claimant has, or}

is treated as having, limited capability for work 6_.

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, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)–

Supplement No. 113 [Dec 2015] 8.2732 Sch. 3 4_{Words in para. 13(8)} substituted by reg. 15(5) of S.I. 2006/2378 as from 1.10.06. 3_{Words substituted in} para. 13(8) of Sch. 3 by reg. 3(1)(h) of S.I. 2 0 0 8 / 1 0 4 2 a s f r o m 1 9 . 5 . 0 8 .

( a ) Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 2.

( b ) 1973 c. 50; section 2 was amended by the Employment Act 1988 (c. 19), section 25(1); the Employment Act 1989 (c. 38), Part I, Schedule 7; and the Trade Union Reform and Employment Rights Act 1993 (c . 19), section 47(1).

5_{Para. 13(9) inserted by}

reg. 23(b) of S.I. 2008/ 1082 as from 27.10.08.

6_{Words omitted in para.}

13(9) by reg. 31(a) of S.I. 2008/2428 as from 2 7 . 1 0 . 0 8 .

2_{Words in para. 13(3) &}

para. (4) omitted from Sch. 3 by reg. 3(1)(g) of S.I. 2008/1042 as f r o m 1 9 . 5 . 0 8 .

1_{Para. 13(2) substituted}

by reg. 3(5)(c)(i) of S.I. 2 0 1 4 / 2 8 8 8 a s f r o m 2 6 . 1 1 . 1 4 .

The Law Relating to Social Security

HOUSING BENEFIT REGULATIONS 2006

(i) he is in receipt of attendance allowance, 1_{the care component of}

disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act 2_{or armed forces}

independence payment; and

(ii) subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and (iii) no person is entitled to, and in receipt of, a carer’s allowance under section

70 of the Act 3_{or has an award of universal credit which includes the}

carer element under regulation 29 of the Universal Credit Regulations 2013 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, 1_{the care component}

of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act 2_{or armed forces}

independence payment; and

(ii) his partner is also in receipt of such an allowance 4_{or payment or, if he}

is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance 4_{or payment; and}

(iii) subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and either a person is 5_{entitled to and in receipt of a carer’s allowance }3_or

has an award of universal credit which includes the carer element 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 as the case may be, no person is entitled to and in receipt of such an allowance 3_{or has such an}

award of univeral credit in respect of caring for either member of a couple or any partner of a polygamous marriage.

(3) Where a claimant has a partner who does not satisfy the condition in sub- paragraph (2)(b)(ii), and that partner is 6_{severely sight impaired or blind or treated as}

severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) 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) 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, 4_{the care component of disability}

living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act 2_{or armed forces independence payment;}

or

(b) a person who is 7_{severely sight impaired or blind or treated as severely}

sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2).

(5) For the purposes of sub-paragraph (2)(b) a person shall be treated–

(a) as being 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 Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) as being entitled to and in receipt of a carer’s allowance 8_{or 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 8_{or have such an award of}

universal credit.

Supplement No. 113 [Dec 2015] 8.2733

Sch. 3

1_{Words substituted in}

para. 14(2)(a) & (b) of Sch. 3 by para. 36(6)(c) of Sch. to S.I. 2013/388 as from 8.4.13.

4_{Wor ds added &}

substituted to paras. 14(2)(ii) & (4)(a) of Sch. 3 by para. 36(6)(c) of Sch. to S.I. 2013/388 as from 8.4.13. 5_{Words substituted in} para. 14(2)(b) of Sch. 3 by reg. 6(10)(c) of S.I. 2009/583 as from 7 . 4 . 0 9 .

2_{Wor ds inserted in par a.}

14(2)(a)(i), (b)(i) & (4)(a) of Sch. 3 by para. 34(6)(c) of Sch. to S.I. 2013/591 as from 8 . 4 . 1 3 . 6_{Wor ds in para. 14(3)} substituted by reg. 3(5)(c)(ii)(aa) of S.I. 2 0 1 4 / 2 8 8 8 a s f r o m 2 6 . 1 1 . 1 4 3 . 7_{Wor ds in para. 14(4)(b)} substituted by reg. 3(5)(c)(ii)(bb) of S.I. 2 0 1 4 / 2 8 8 8 a s f r o m 2 6 . 1 1 . 1 4 . 3_{Words in para. 14 of} Sch. 3, sub-paras. (2)(a)(iii) inserted by reg. 17(2)(a)-(b) of S.I. 2 0 1 5 / 1 7 5 4 a s f r o m 8 . 1 1 . 1 5 . 8_{Wor ds in para. 14(5)(b)} of Sch. 3 inserted by reg 17(2)(c) of S.I. 2 0 1 5 / 1 7 5 4 a s f r o m 3 . 1 1 . 1 5 .

The Law Relating to Social Security

1_{(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 of the 2012 Act, if he would, but for 2_{payment ceasing by vitue of regulations}

made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt

(6) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of carer’s allowance 3_{or universal credit which includes the carer}

element to the extent that payment of such an award is backdated for a period before

4_{the date on which the award is first paid.}

(7) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance 3_{or 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 3_{or had such an award of universal credit but for the application of a}

restriction under section 5_{6B or 7 of the Social Security Fraud Act 2001(a) (loss of}

benefit provisions).

Enhanced disability premium

15.—6_{(1) Subject to sub-paragraph (2), the condition is that–}

7_{(a) the Secretary of State has decided that the claimant has, or is to be treated as}

having, limited capability for work-related activity; or

(b) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made 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–

(i) the claimant; or

(ii) a member of the claimant’s family, 1_or

1_{(c) the enhanced rate of the daily living component of personal independence}

payment is 2_{payable, or has ceased to be payable by virtue of regulations}

made under section 86(1) (hospital in-patients) of the 2012 Act, in respect of–

(i) the claimant; or

(ii) a member of the claimant’s family, who has not attained the qualifying age for state pension credit

who 8_{has not attained the qualifying age for state pension credit}9_{; or}

(d) armed forces independence payment is payable in respect of (i) the claimant, or

(ii) a member of the claimant’s family,

who has not attained the qualifying age for state pension credit,

10_{(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of}

the death of a child or young person, the condition 11_{or partner is that the claimant}

is entitled to child benefit in respect of that person under section 145A of the Act(b) (entitlement to child benefit after death of a child or qualifying young person).

(2) 7_{The condition is not satisfied if the person to whom sub-paragraph (1) refers}

is–

(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 12_{regulation 28(11)(e) and has been}

for a period of more than 52 weeks; or

Supplement No. 113 [Dec 2015] 8.2734

( a ) 2001 c. 11; section 7 was amended by the State Pension Credit Act 2002, section 14 and Schedule 2 and by the Tax Credits Act 2002, section 60 and Schedule 6.

( b ) Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21), and has been amended but not in a way material to these Regulations.

Sch. 3 4_{Words substituted in} para. 14(6) by reg. 6 of S.I. 2007/719 as from 2 . 4 . 0 7 . 6_{Para. 15(1) substituted} by reg. 23(c) of S.I. 2 0 0 8 / 1 0 8 2 a s f r o m 2 7 . 1 0 . 0 8 . 8_{Words substituted in} para. 15(1) by reg. 26(3) of S.I. 2009/1488 as from 6.4.10. 7_{Para. 15(1)(a)} substituted by reg. 31(b) of S.I. 2008/2428 a s f r o m 2 7 . 1 0 . 0 8 . 5_{Words substituted in} para. 14(7) of Sch. 3 by reg. 4(3) of S.I. 2010/ 1160 as from 1.4.10.

10_{Para. 15(1A) inserted,}

words in 15(2)

substituted by reg. 12(1)- (2) of S.I. 2011/674 as from 4.4.11 in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, and in any other case on 1.4.11.

11_{Words inser ted in para.}

15(1A) of Sch. 3 by reg. 19(7)(b) of S.I. 2011/ 2425 as from 31.10.11.

1_{Words ad ded to para.}

14(5)(c) & para. 15(1)(c) inserted to Sch. 3 by para. 36(6)(c) of Sch. to S.I. 2013/388 as f r o m 8 . 4 . 1 3 . 12_{Words substituted in} para. 15(2)(a)(ii) by reg. 2(15)(b) of S.I. 2 0 0 5 / 2 5 0 2 a s f r o m 1 . 4 . 0 6 . *See page 8.2501. 2_{Words in para. 14(5)(c)} inserted & 15(c) substituted by reg. 3(6)(b) & (c) of S.I. 2014/213. See reg. 1(3) to this S.I. for when to a p p ly.

9_{Word & para. 15(1)(d)}

inserted in Sch. 3 by para. 34(6)(d) of Sch. to S.I. 2013/591 as from 8.4.13.

3_{Words in para. 14(6) &}

(7) of Sch. 3 inserted by reg 17(2)(c) to (e) of S.I. 2015/1754 as from 3 . 1 1 . 1 5 .

The Law Relating to Social Security

HOUSING BENEFIT REGULATIONS 2006

(b) a member of a couple or a polygamous marriage where each member is a patient within the meaning of 1_{regulation 28(11)(e) and has been for a}

period of more than 52 weeks.

Disabled child premium

In document 2006 No. 213 SOCIAL SECURITY The Housing Benefit Regulations 2006 ARRANGEMENT OF REGULATIONS (Page 175-179)