PART 2Welfare Supplementary Payment for loss of Disability-Related Premium on transition from Disability Living Allowance to Personal Independence Payment (Income Support claimants)
Eligibility (couples: severe disability premium)6
1
A person (A) is entitled to welfare supplementary payment under this Part if—
a
A is a member of a couple with another person (B),
b
A meets the IS entitlement condition,
c
A meets the disability-related premium entitlement condition in respect of severe disability premium,
d
A or B meet the PIP refusal condition (but this is subject to paragraph (6)), and
e
A meets the termination of disability-related premium condition.
2
The IS entitlement condition is that the person is in receipt of income support on the transition date.
3
The disability-related premium entitlement condition in respect of severe disability premium is that the person is in receipt of severe disability premium under paragraph 13 of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987 on the transition date.
4
The PIP refusal condition is that following a transitional assessment determination, the person is refused personal independence payment, or the component of personal independence payment, that is a condition for entitlement to disability-related premium.
5
The termination of disability-related premium condition is that, in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.
6
Paragraph (8) applies where—
a
A does not meet the PIP refusal condition,
b
B meets the PIP refusal condition, and
c
B meets the blind condition on the transition date.
7
The blind condition is that the person is certified as severely sight impaired or blind by a consultant ophthalmologist.
8
Where this paragraph applies, the termination of disability-related premium condition is met if, in consequence of the matters set out in paragraph (6), the decision of the Department to award severe disability premium at a higher rate is superseded by a decision of the Department to award severe disability premium at a lower rate.