CCM6230 - Particular Aspects: Child Care – Definition of Incapacitated or limited capability for work


The other member of the couple is classified as incapacitated if they receive:

  1. council tax benefit or housing benefit with disability premium; or higher pensioner premium,

  2. invalidity pension or short-term higher-rate incapacity benefit or long- term incapacity benefit (short term incapacity benefit at the lower rate does not count), or

  3. attendance allowance; or

  4. severe disablement allowance; or

  5. disability living allowance; or

  6. an increased disablement pension, for a constant attendance need; or

  7. a pension increase under a war pension scheme or industrial injuries scheme, similar to an allowance or increase of Disablement Pension as in c), e) and f).

From 27 October 2008 the other member of the couple is also classified as incapacitated or having a limited capability for work if they receive:

  1. Employment and Support Allowance for 28 weeks or more under Part 1 of the Welfare Reform Act 2007.

  2. statutory sick pay followed by a contributory Employment and Support Allowance for combined period of 28 weeks or more
  3. Part 1 of the Welfare Reform Act 2007 provides for both contributory and income-related Employment and Support Allowance.