Income for the purposes of the Act
15.—(1) For the purposes of section 15(1)(e) (income), all social security benefits are prescribed except—
(a)disability living allowance;
(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 Act;
(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;
[(l)housing benefit;
(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n)bereavement payment;
(o)statutory sick pay;
(p)statutory maternity pay;
(q)[ordinary statutory paternity pay payable under Part 12ZA of the 1992 Act;]
[(qa)additional statutory paternity pay payable under Part 12ZA of the 1992 Act;]
(r)statutory adoption pay payable under Part 12ZB of the 1992 Act;
(s)any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland.]
[(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) is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) 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 1979;
[(b)regulation 2 of the Social Security (Hospital In-Patients) Regulations 2005;]
(c)section 30DD or section 30E of the 1992 Act (reductions in incapacity benefit in respect of pensions and councillor’s allowances).
[(d)section 3 of the Welfare Reform Act (deductions from contributory allowance).]
(5) For the purposes of section 15(1)(j) (income to include income of prescribed descriptions), income of the following descriptions is prescribed—
[(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;]
[(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[, in any case where article 23(2)(c) applies];]
[(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;]
(b)a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;
(c)payments under a scheme made under the Pneumoconiosis etc. (Worker’s Compensation) Act 1979;
(d)payments made towards the maintenance of the claimant by his spouse[, civil partner, former spouse or former civil partner] or towards the maintenance of the claimant’s partner by his spouse[, 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 claimant...;
[(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;]
[(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;]
[(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.]
[(j)any payment made at regular intervals under an equity release scheme.]
[(k) PPF periodic payments.]
[(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.]
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Textual Amendments
Marginal Citations