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15.—(1) For the purposes of section 15(1)(e) (income), all social security benefits are prescribed except—
[F1(za)universal credit;]
(a)disability living allowance;
[F2(aa)personal independence payment;]
(ab)[F3armed forces independence payment;]
(b)attendance allowance payable under section 64 of the 1992 Act;
(c)an increase of disablement pension under section 104 or 105 of the 1992 Act;
(d)a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part II of Schedule 8 to the 1992 ActM1;
(e)an increase of an allowance payable in respect of constant attendance under paragraph 4 of Part I of Schedule 8 to the 1992 Act;
(f)any child special allowance payable under section 56 of the 1992 Act;
(g)any guardian’s allowance payable under section 77 of the 1992 Act;
(h)any increase for a dependant, other than the claimant’s partner, payable in accordance with Part IV of the 1992 Act;
(i)any social fund payment made under Part VIII of the 1992 Act;
(j)child benefit payable in accordance with Part IX of the 1992 Act;
(k)Christmas bonus payable under Part X of the 1992 Act;
[F4(l)housing benefit;
F5(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n)[F6bereavement support payment under section 30 of the Pensions Act 2014;]
(o)statutory sick pay;
(p)statutory maternity pay;
(q)[F7ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act;]
F8(qa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(qb)statutory shared parental pay payable under Part 12ZC of the 1992 Act;]
[F10(qc)statutory parental bereavement pay payable under Part 12ZD of the 1992 Act;]
(r)statutory adoption pay payable under Part 12ZB of the 1992 Act;
[F11(ra) carer’s allowance supplement payable under section 81 of the Social Security (Scotland) Act 2018;]
[F12(rb)early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;]
[F13(rc)funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.]
[F14(rd)any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.]
[F15(re)any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019;]
[F16(rf)short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018;]
[F17(rg)winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018;]
[F18(rh)disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018;]
(s)any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland.]
[F19(2) For the purposes of section 15(1)(f) (foreign social security benefits) of the Act, income includes—
(a)all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and
(b)any foreign state retirement pension.]
(3) Where the payment of any social security benefit prescribed under paragraph (1)[F20, or retirement pension income to which section 16(1)(za) to (e) applies,] is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1)[F21, or section 16(1)(za) to (e),] shall be the amount before the deduction is made.
(4) The adjustments specified in this paragraph are those made in accordance with—
(a)the Social Security (Overlapping Benefits) Regulations 1979M2;
[F22(b)regulation 2 of the Social Security (Hospital In-Patients) Regulations 2005;]
(c)section 30DD or section 30E of the 1992 ActM3 (reductions in incapacity benefit in respect of pensions and councillor’s allowances).
[F23(d)section 3 of the Welfare Reform Act (deductions from contributory allowance).]
[F24(e)section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension);
(f)section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing).]
(5) For the purposes of section 15(1)(j) (income to include income of prescribed descriptions), income of the following descriptions is prescribed—
[F25(a)a payment made—
(i)under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, in any case where article 30(1)(b) applies; or
(ii)under article 12(8) of that Order, in any case where sub-paragraph (b) of that article applies;]
[F26(aa)a guaranteed income payment;
(ab)a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005[F27, in any case where article 23(2)(c) applies];]
[F28(ac)any retired pay, pension or allowance granted in respect of disablement or any pension or allowance granted to a widow, widower or surviving civil partner in respect of a death due to service or war injury under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003, where such payment does not fall within paragraph (a) of the definition of “war disablement pension” in section 17(1) of the State Pension Credit Act 2002 or, in respect of any retired pay or pension granted in respect of disablement, where such payment does not fall within paragraph (b) of that definition;]
[F29(b)a pension paid by a government to victims of National Socialist persecution;]
(c)payments under a scheme made under the Pneumoconiosis etc. (Worker’s Compensation) Act 1979M4;
(d)payments made towards the maintenance of the claimant by his spouse[F30, civil partner, former spouse or former civil partner] or towards the maintenance of the claimant’s partner by his spouse[F30, civil partner, former spouse or former civil partner], including payments made—
(i)under a court order;
(ii)under an agreement for maintenance; or
(iii)voluntarily;
(e)payments due from any person in respect of board and lodging accommodation provided by the claimantF31...;
[F32(f)royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;]
[F33(g)any payment in respect of any—
(i)book registered under the Public Lending Right Scheme 1982; or
(ii)work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;]
[F34(h)any income in lieu of that specified in—
(i)paragraphs (a) to (i) of section 15(1) of the Act, or
(ii)in this regulation;
(i)any payment of rent made to a claimant who—
(i)owns the freehold or leasehold interest in any property or is a tenant of any property;
(ii)occupies part of that property; and
(iii)has an agreement with another person allowing that person to occupy that property on payment of rent.]
[F35(j)any payment made at regular intervals under an equity release scheme.]
[F36(k) PPF periodic payments.]
[F37(6) For the purposes of section 15(2) (deemed income from capital) and subject to regulation 17(8) (capital to be disregarded), a claimant’s capital shall be deemed to yield a weekly income of—
(a)£1 for each £500 in excess of £10,000; and
(b)£1 for any excess which is not a complete £500.]
F38(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 15(1)(za) inserted (25.11.2020) by The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 (S.I. 2020/655), regs. 1(2), 2(3)
F2Reg. 15(1)(aa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(3)
F3Reg. 15(1)(ab) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 23(3)
F4Reg. 15(1)(l)-(s) substituted for reg. 15(1)(l) (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(g)
F5Reg. 15(1)(m) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1
F6Reg. 15(1)(n) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 21(2)
F7Reg. 15(1)(q)(qa) substituted for reg. 15(1)(q) (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 5(3)
F8Reg. 15(1)(qa) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 10(3)(a) (with art. 35(1))
F9Reg. 15(1)(qb) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 10(3)(b)
F10Reg. 15(1)(qc) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 10(3)
F11Reg. 15(1)(ra) inserted (3.9.2018) by The Social Security (Scotland) Act 2018 (Consequential Modifications) Order 2018 (S.I. 2018/872), arts. 1(2), 4(2)
F12Reg. 15(1)(rb) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Best Start Grants) (Consequential Modifications and Saving) Order 2018 (S.I. 2018/1138), art. 7(2)
F13Reg. 15(1)(rc) inserted (16.9.2019 immediately after S.S.I. 2019/292 comes into force) by The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019 (S.I. 2019/1060), arts. 1(2)(b), 11(2)
F14Reg. 15(1)(rd) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Information-Sharing and Scottish Child Payment) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/482), art. 5(2)
F15Reg. 15(1)(re) inserted (9.11.2020) by The Social Security (Scotland) Act 2018 (Young Carer Grants, Short-Term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/989), arts. 1(2), 4(2)
F16Reg. 15(1)(rf) inserted (9.11.2020) by The Social Security (Scotland) Act 2018 (Young Carer Grants, Short-Term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/989), arts. 1(2), 11(2)
F17Reg. 15(1)(rg) inserted (9.11.2020) by The Social Security (Scotland) Act 2018 (Young Carer Grants, Short-Term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/989), arts. 1(2), 17(2)
F18Reg. 15(1)(rh) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/886), arts. 1(2), 13(2)
F19Reg. 15(2) substituted (13.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(4)(c), 6(5)
F20Words in reg. 15(3) inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 10(2)(a)(i)
F21Words in reg. 15(3) inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 10(2)(a)(ii)
F22Reg. 15(4)(b) substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 8(3)
F23Reg. 15(4)(d) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(6)
F24Reg. 15(4)(e)(f) added (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 10(2)(b)
F25Reg. 15(5)(a) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 4(3)(a)
F26Reg. 15(5)(aa)(ab) inserted (4.4.2005) by The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 2(2)
F27Words in reg. 15(5)(ab) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 4(3)(b)
F28Reg. 15(5)(ac) inserted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 4(3)(c)
F29Reg. 15(5)(b) substituted (20.3.2017) by The Social Security (Income-Related Benefits) Amendment Regulations 2017 (S.I. 2017/174), regs. 1, 4(2)
F30Words in reg. 15(5)(d) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(3) (with art. 3)
F31Words in reg. 15(5)(e) omitted (3.10.2005) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(2), 6(3)
F32Reg. 15(5)(f) substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), reg. 5(2)(a)
F33Reg. 15(5)(g) substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), reg. 5(2)(b)
F34Reg. 15(5)(h)(i) added (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(7)(b)
F35Reg. 15(5)(j) added (4.10.2004) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(a), 7(3)
F36Reg. 15(5)(k) added (6.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(2), 4(2)
F37Reg. 15(6) substituted (2.11.2009) by The Social Security (Deemed Income from Capital) Regulations 2009 (S.I. 2009/1676), regs. 1, 3(2)
F38Reg. 15(7)(8) omitted (2.11.2009) by virtue of The Social Security (Deemed Income from Capital) Regulations 2009 (S.I. 2009/1676), regs. 1, 3(3)
Marginal Citations
M1 See in particular paragraph 7(2)(b) of Schedule 8.
M3Sections 30DD and 30E were inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).
M41979 c. 41; amended by section 24 of the Social Security Act 1985 (c. 53).