Amendment of the Income Support (General) Regulations 1987E+W+S

2.  In the Income Support (General) Regulations 1987 M1—

(a)in regulation 44 M2 (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) M3 (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 M4 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 M5; or

(b)a higher pensioner premium under paragraph 10 M6.”;

(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—