Incapacitated Partners (Info)

Incapacitated, for the purposes of the other member of the couple, means that

• Council Tax Benefit (CTB) or Housing Benefit (HB) is in payment and the other member of the couple is incapacitated for the purposes of the CTB or HB childcare rules. Included in the applicable amount is

• A Disability Premium (DP)

Or

• A Higher Pensioner Premium (HPP) following from a DP because of the other member's disability

Or

• Because of that other member's incapacity one of the following is payable

• Incapacity Benefit Long Term
   
• Incapacity benefit Short Term (Higher Rate) (IBST HR)
   
• Attendance Allowance (AA)
   
• Severe Disablement Allowance (SDA)
   
• Disability Living Allowance (DLA)
   
• Increase of disablement pension
   
• An increase under a war pension or Industrial Injuries scheme, similar to an allowance or increase of disablement pension as in IBST HR, SDA or DLA
   
• Contributory Employment and Support Allowance ( ESA), where entitlement to ESA or statutory sick pay has existed for a period of 28 weeks, comprising one continuous period or two or more periods which are linked together

Or

• One of the benefits as in IBST HR, SDA, DLA or increase of disablement pension was payable to the other member but had ceased to become payable because of that person becoming a patient

Or

• A similar benefit to a DP or HPP under Northern Ireland law

Or

• The other member has an invalid carriage or other vehicle provided (in any part of the UK) under the Invalid Vehicle Schemes (IVS)

Note: In order to pay childcare charges where one of the claimants, in a joint claim is in prison and either one or both claimants satisfy the qualifying remunerative work conditions, the claimant who is in prison will be marked as incapacitated. This is only done to ensure the childcare charges are paid. In these types of cases, the Household Notes will clearly state that the claimant is in prison