SCHEDULES

C1SCHEDULE 8 CAPITAL TO BE DISREGARDED

Annotations:
Modifications etc. (not altering text)

12

F2—(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

a

any payment specified in paragraph F147, 9, F1510, 72A, 80 or 81 of Schedule 7 (other income to be disregarded);

b

F9an income-based jobseeker’s allowance or an income-related benefit under Part VII of the Benefits Act F4, F6... child tax credit, working tax credit F10, universal creditF7or an income-related employment and support allowance;

F5c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1d

any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,

F11e

bereavement support payment under section 30 of the Pensions Act 2014,

F13f

maternity allowance under section 35 of the Benefits Act (state maternity allowance for employed or self-employed earner),

but only for a period of 52 weeks from the date of receipt of the arrears or the concessionary payment.

F32

In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

F12a

paid in order to rectify, or to compensate for—

i

an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or

ii

an error on a point of law; and

b

received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-based jobseeker’s allowance, for the remainder of that award if that is a longer period.

3

For the purposes of sub-paragraph (2), “the award of an income-based jobseeker’s allowance” means—

a

the award either of an income-based jobseeker’s allowance F8, income support or of an income-related employment and support allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

b

where that award is followed by one or more further awards which in each case may be either of an income-based jobseeker’s allowance F8, income support or of an income-related employment and support allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

i

is the person who received the relevant sum, or

ii

is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or

iii

in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.