Statutory Instrument 2000 No. 2629

The Social Security Amendment (Enhanced Disability Premium) Regulations 2000

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© Crown Copyright 2000

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Amendment of the Income Support (General) Regulations 1987
     2. In the Income Support (General) Regulations 1987[5] - 

(a) in regulation 44[6] (modifications in respect of children and young persons), for the words "personal allowance and disabled child premium, if any," in each place in which they occur there shall be substituted the words "personal allowance, any disabled child premium and any enhanced disability premium";

(b) in regulation 57(1)(b)[7] (period over which payments other than periodical payments are to be taken into account), after head (ii) there shall be inserted the following head - 


" (iia) any enhanced disability premium in respect of such a child or young person;"; and



(c) in Schedule 2 (applicable amounts) - 



(i) for paragraph 6[8] there shall be substituted the following paragraph - 

     " 6.  - (1) Subject to sub-paragraph (2), the following premiums, namely - 


(a) a severe disability premium to which paragraph 13 applies;

(b) an enhanced disability premium to which paragraph 13A applies;

(c) a disabled child premium to which paragraph 14 applies; and

(d) a carer premium to which paragraph 14ZA applies,



may be applicable in addition to any other premium which may apply under this Schedule.

    (2) An enhanced disability premium in respect of a person shall not be applicable in addition to - 



(a) a pensioner premium under paragraph 9 or 9A[9]; or

(b) a higher pensioner premium under paragraph 10[10].";


(ii) after paragraph 13 there shall be inserted the following paragraph - 

" Enhanced disability premium
     13A.  - (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 Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits 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 child or young person whose capital, if calculated in accordance with Part V of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000;

(b) 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 21(3) and has been for a period of more than six weeks; or



(c) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 21(3) and has been for a period of more than six weeks."; and



(iii) after paragraph 15(7), there shall be added to the table the following sub-paragraph - 



" (8) Enhanced disability premium where the conditions in paragraph 13A are satisfied.

(8) (a) £5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied; (b) £5.95 in respect of each person who is neither -  (i) a child or young person; nor (ii) a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied; (c) £8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage. ".

Amendment of the Housing Benefit (General) Regulations 1987
     3. In the Housing Benefit (General) Regulations 1987[11] - 

(a) in regulation 36(1)[12] (modifications in respect of child and young person), for the words "personal allowance and disabled child premium, if any," there shall be substituted the words "personal allowance, any disabled child premium and any enhanced disability premium"; and

(b) in Schedule 2 (applicable amounts) - 


(i) for paragraph 6[13] there shall be substituted the following paragraph - 

     " 6.  - (1) Subject to sub-paragraph (2), the following premiums, namely - 


(a) a severe disability premium to which paragraph 13 applies;

(b) an enhanced disability premium to which paragraph 13A applies;

(c) a disabled child premium to which paragraph 14 applies; and

(d) a carer premium to which paragraph 14ZA applies,



may be applicable in addition to any other premium which may apply under this Schedule.

    (2) An enhanced disability premium in respect of a person shall not be applicable in addition to - 



(a) a pensioner premium under paragraph 9 or 9A[14]; or

(b) a higher pensioner premium under paragraph 10[15].";


(ii) after paragraph 13 there shall be inserted the following paragraph - 

" Enhanced disability premium
     13A.  - (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 Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits 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 child or young person whose capital, if calculated in accordance with Chapter VI of Part VI of these Regulations in like manner as for the claimant, except as provided in regulation 36(5), would exceed £3,000;

(b) 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 18(2) and has been for a period of more than six weeks; or



(c) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 18(2) and has been for a period of more than six weeks."; and



(iii) after paragraph 15(8), there shall be added to the table the following sub-paragraph - 



" (9) Enhanced disability premium where the conditions in paragraph 13A are satisfied.

(9) (a) £5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied; (b) £5.95 in respect of each person who is neither -  (i) a child or young person; nor (ii) a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied; (c) £8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage. ".

Amendment of the Council Tax Benefit (General) Regulations 1992
     4. In the Council Tax Benefit (General) Regulations 1992[16] - 

(a) in regulation 27(1)[17] (modifications in respect of child or young person), for the words "personal allowance and disabled child premium, if any," there shall be substituted the words "personal allowance, any disabled child premium and any enhanced disability premium"; and

(b) in Schedule 1 (applicable amounts) - 


(i) for paragraph 6 there shall be substituted the following paragraph - 

     " 6.  - (1) Subject to sub-paragraph (2), the following premiums, namely - 


(a) a severe disability premium to which paragraph 14 applies;

(b) an enhanced disability premium to which paragraph 14A applies;

(c) a disabled child premium to which paragraph 15 applies; and

(d) a carer premium to which paragraph 16 applies,



may be applicable in addition to any other premium which may apply under this Schedule.

    (2) An enhanced disability premium in respect of a person shall not be applicable in addition to - 



(a) a pensioner premium under paragraph 9 or 10; or

(b) a higher pensioner premium under paragraph 11[18].";


(ii) after paragraph 14 there shall be inserted the following paragraph - 

" Enhanced disability premium
     14A.  - (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 Contributions and Benefits Act 1992 or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act 1992 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 child or young person whose capital, if calculated in accordance with Chapter VI of Part IV of these Regulations in like manner as for the claimant, except as provided in regulation 27(5), would exceed £3,000;

(b) 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 10(2) and has been for a period of more than six weeks; or



(c) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 10(2) and has been for a period of more than six weeks."; and



(iii) after paragraph 19(8), there shall be added to the table the following sub-paragraph - 



" (9) Enhanced disability premium where the conditions in paragraph 14A are satisfied.

(9) (a) £5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 14A are satisfied; (b) £5.95 in respect of each person who is neither -  (i) a child or young person; nor (ii) a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 14A are satisfied; (c) £8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 14A are satisfied in respect of a member of that couple or polygamous marriage. ".

Amendment of the Jobseeker's Allowance Regulations 1996
     5. In the Jobseeker's Allowance Regulations 1996[19] - 

(a) in regulation 106 (modifications in respect of children and young persons), for the words "personal allowance and disabled child premium, if any," in each place in which they occur there shall be substituted the words "personal allowance, any disabled child premium and any enhanced disability premium";

(b) in regulation 121(1)(b)[20] (period over which payments other than periodical payments are to be taken into account), after head (ii) there shall be inserted the following head - 


" (iia) any enhanced disability premium in respect of such a child or young person;"; and



(c) in Schedule 1 (applicable amounts) - 



(i) for paragraph 7 there shall be substituted the following paragraph - 

     " 7.  - (1) Subject to sub-paragraph (2), the following premiums, namely - 


(a) a severe disability premium to which paragraph 15 applies;

(b) an enhanced disability premium to which paragraph 15A applies;

(c) a disabled child premium to which paragraph 16 applies; and

(d) a carer premium in which paragraph 17 applies,



may be applicable in addition to any other premium which may apply under this Part of this Schedule.

    (2) An enhanced disability premium in respect of a person shall not be applicable in addition to - 



(a) a pensioner premium under paragraph 10 or 11; or

(b) a higher pensioner premium under paragraph 12[21].";


(ii) after paragraph 15 there shall be inserted the following paragraph - 

" Enhanced disability premium
     15A.  - (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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits 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 child or young person whose capital, if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(b) 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 85(4) and has been for a period of more than six weeks; or



(c) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks."; and



(iii) after paragraph 20(8), there shall be added to the table the following sub-paragraph - 



" (9) Enhanced disability premium where the conditions in paragraph 15A are satisfied.

(9) (a) £5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied; (b) £5.95 in respect of each person who is neither -  (i) a child or young person; nor (ii) a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 15A are satisfied; (c) £8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage. ";


(iv) for paragraph 20C[22] there shall be substituted the following paragraph - 

     " 20C.  - (1) Subject to sub-paragraph (2), the following premiums, namely - 


(a) a severe disability premium to which paragraph 20I applies;

(b) an enhanced disability premium to which paragraph 20IA applies; and

(c) a carer premium to which paragraph 20J applies,



may be applicable in addition to any other premium which may apply under this Part of this Schedule.

    (2) An enhanced disability premium in respect of a person shall not be applicable in addition to - 



(a) a pensioner premium under paragraph 20E; or

(b) a higher pensioner premium under paragraph 20F.";


(v) after paragraph 20I there shall be inserted the following paragraph - 

" Enhanced disability premium
     20IA.  - (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 Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of a member of a joint-claim couple who is aged less than 60.

    (2) An enhanced disability premium shall not be applicable in respect of a joint-claim couple where each member of that couple or each member of a polygamous marriage of which one member of that couple is a member, is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks."; and

(vi) after paragraph 20M(5), there shall be added to the table the following sub-paragraph - 



" (6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied.
(6) £8.60 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple. ".

Signed by authority of the Secretary of State for Social Security.


P. Hollis
Parliamentary Under-Secretary of State, Department of Social Security

22nd September 2000

[2] 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the word "regulations".back

[3] See section 176(1)(b) of the Social Security Administration Act 1992 (c. 5).back

[4] See section 173(1)(b) of the Social Security Administration Act 1992.back

[5] S.I. 1987/1967.back

[6] Regulation 44 is amended by S.I. 1988/663, 1993/2119 and 1999/3178.back

[7] Regulation 57(1)(b) is amended by S.I. 1990/1776 and 1996/1803.back

[8] Paragraph 6 is amended by S.I. 1989/1678 and 1990/1776.back

[9] Paragraphs 9 and 9A were substituted by S.I. 1989/534.back

[10] Paragraph 10 is amended by S.I. 1988/663, 1992/468 and 1998/2231.back

[11] S.I. 1987/1971.back

[12] Regulation 36(1) is amended by S.I. 1991/2695.back

[13] Paragraph 6 is amended by S.I. 1990/546 and 1775.back

[14] Paragraphs 9 and 9A were substituted by S.I. 1989/416.back

[15] Paragraph 10 is amended by S.I. 1990/546, 1993/317 and 1998/2231.back

[16] S.I. 1992/1814.back

[17] Regulation 27(1) is amended by S.I. 1993/2118.back

[18] Paragraph 11 is amended by S.I. 1993/688 and 1998/2231.back

[19] S.I. 1996/207.back

[20] Regulation 121(1) is amended by S.I. 1996/1803.back

[21] Paragraph 12 is amended by S.I. 1996/2231 and 2538.back

[22] Paragraphs 20(c) 20I, 20M are inserted by S.I. 2000/1978.back