4.—(1) £20 is disregarded if the claimant or, if he has a partner, his partner—
(a)is in receipt of—
(i)long-term incapacity benefit under Section 30A of the 1992 Act;
(ii)severe disablement allowance under section 68 of that Act;
(iii)attendance allowance;
[(iiia)pension age disability payment;]
(iv)disability living allowance under section 71 to 76 of that Act;
(v)any mobility supplement under [article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983; ...
[(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002; or]
[(vii)employment and support allowance; ...]
[(viii)personal independence payment; ...]
[(viiia)adult disability payment;]
[(ix)armed forces independence payment; or]
[(b)is or are certified as severely sight impaired or blind by a consultant ophthalmologist.]
(2) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit, had an award of income support [, income-based jobseeker's allowance or income-related employment and support allowance] and—
(a)£20 was disregarded in respect of earnings taken into account in that award;
(b)the person whose earnings qualified for the disegard continues in employment after the termination of that award.
(3) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner, immediately before attaining pensionable age,—
(a)had an award of state pension credit; and
(b)a disregard under paragraph 4(1)(a)(i) or (ii) was taken into account in determining that award.
(4) The disregard of £20 specified in sub-paragraphs (2) and (3) applies so long as there is no break, other a break which does not exceed 8 weeks,—
(a)in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded; or
(b)in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations