Just looking at these Regs for something else. It's Reg.9 of the WTC (EMR) Regs.
It is conceivable that the working, non-disabled, partner could satisfy Case B (Reg.9(3)) where the condition is that IS, JSA, HB or CTB have been paid 'for him' and the applicable amount included a DP or HPP 'in respect of him'. Arguably then a DP is always paid in respect of both members of a couple - as shown by it having a couple rate so the non-disabled partner could, possibly, satisfy this condition.
However the principal conditions for the disability element (Reg.9(1)) probably rule this out. One of the claimants must: - be working 16+ hours - satisfy one or more of Cases A to G - AND have a disability listed in Schedule 1.
So I think a non-disabled working person will always fail on the disability conditions, even if they can meet Case B.
Richard Atkinson
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