Qualifying Benefit Test For The Disability Element

A claimant satisfies the qualifying benefit test for the disability element if

• They are getting one of the benefits below

• Disability Living Allowance

• Attendance Allowance

• War Disablement Pension (which includes Constant Attendance Allowance or a Mobility Supplement )

• Industrial Injuries Disablement Benefit (which includes Constant Attendance Allowance or a Mobility Supplement)

• An invalid carriage or other vehicle provided under the Invalid Vehicle Scheme

Or

• They are currently receiving one of the following benefits, or have been receiving one of the following benefits in the last 26 weeks before the date the claim was received

• Short Term Incapacity Benefit at the higher rate or long-term Incapacity Benefit

• Severe Disablement Allowance

• Income Support which includes a disability premium or a higher pensioner premium

• Jobseeker's Allowance – income based, which includes a disability premium or a higher pensioner premium

• Employment and Support Allowance (ESA) which they have received for 28 weeks or more or where they have received Statutory Sick Pay (SSP) followed by ESA for a combined period of 28 weeks or more

Note: The 28 weeks does not need to be a single continuous period. You can add together any periods that the claimant has received ESA as long as the periods were no more than 12 weeks apart. You can add together any periods that the claimant received SSP as long as the periods were no more than 8 weeks apart. You can add together any periods that the claimant received SSP with periods that they received ESA as long as the periods were no more than 12 weeks apart

• Housing Benefit, which includes a disability premium or a higher pensioner premium

• Council Tax Benefit, which includes a disability premium or a higher pensioner premium

Or

• They are applying through the Working Tax Credit Fast-Track and satisfy the Fast - Track conditions