The Social Security Amendment (Enhanced Disability Premium) Regulations 2000

Amendment of the Council Tax Benefit (General) Regulations 1992

4.  In the Council Tax Benefit (General) Regulations 1992(1)—

(a)in regulation 27(1)(2) (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(3).”;

(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—