- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (23/08/1999)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 04/10/1999
Point in time view as at 23/08/1999.
The Income Support (General) Regulations 1987, SCHEDULE 10 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Regulation 46(2)
1. The dwelling occupied as the home but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.E+W+S
Modifications etc. (not altering text)
C1Sch. 10 para. 55 modified (temp.) (30.11.1998) by The Social Security (New Deal Pilot) Regulations 1998 (S.I. 1998/2825), regs. 1(1), 17 (with regs. 1(2), 11)
C2Sch. 10 para. 54 modified (temp.) (30.11.1998) by The Social Security (New Deal Pilot) Regulations 1998 (S.I. 1998/2825), regs. 1(1), 17 (with regs. 1(2), 11)
Commencement Information
I1Sch. 10 para. 1 in force at 11.4.1988, see reg. 1
2. Any premises acquired for occupation by the claimant which he intends to occupy [F1as his home] within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.E+W+S
Textual Amendments
F1Words in Sch. 10 para. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 26(a)
Commencement Information
I2Sch. 10 para. 2 in force at 11.4.1988, see reg. 1
3. Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.E+W+S
Commencement Information
I3Sch. 10 para. 3 in force at 11.4.1988, see reg. 1
4. Any premises occupied in whole or in part by—E+W+S
(a)a partner or relative of [F2a single claimant or any member of] the family [F3as his home] where that person is aged 60 or over or is incapacitated;
(b)the former partner of a claimant F4... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.
Textual Amendments
F2Words in Sch. 10 para. 4(a) substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 11(a) (with reg. 1(2))
F3Words in Sch. 10 para. 4(a) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 26(b)
F4Words in Sch. 10 para. 4(b) omitted (30.5.1988) by virtue of The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(a)
Commencement Information
I4Sch. 10 para. 4 in force at 11.4.1988, see reg. 1
[F55. Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted in subsisting lease or tenancy, including sub-leases or sub-tenancies,]E+W+S
Textual Amendments
F5Sch. 10 para. 5 substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/2303), regs. 1(1)(a), 6(10)(a) (with reg. 8)
6.—(1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.E+W+S
[F6(2) The assets of any business owned in whole or in part by the claimant where–
(a)he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
(b)he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business;
for a period of 26 weeks from the date on which the claim for income support is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.]
[F7(3) In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal), the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.
(4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.]
Textual Amendments
F6Sch. 10 para. 6(2) added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 11(b) (with reg. 1(2))
F7Sch. 10 para. 6(3)(4) added (1.6.1998) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 (S.I. 1998/1174), regs. 1(1), 7(7)(8)(e)
Commencement Information
I5Sch. 10 para. 6 in force at 11.4.1988, see reg. 1
7. Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—E+W+S
(a)any payment specified in paragraph 6, [F8 8, 9 or 9A] of Schedule 9 (other income to be disregarded);
(b)an income-related benefit or [F9an income-based jobseeker’s allowance,] supplementary benefit, family income supplement under the Family Income Supplements Act 1970 F10 or housing benefit under Part II of the Social Security and Housing Benefits Act 1982;
(c)[F11any earnings top-up,]
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
Textual Amendments
F8Words in Sch. 10 para. 7(a) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(7) (with reg. 1(2))
F9Words in Sch. 10 para. 7(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 26
F11Sch. 10 para. 7(c) added (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), reg. 1(1)(a), Sch. paras. 7(1)(2)(e) (with reg. 13)
Commencement Information
I6Sch. 10 para. 7 in force at 11.4.1988, see reg. 1
8. Any sum—E+W+S
(a)paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or
(b)acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.
Commencement Information
I7Sch. 10 para. 8 in force at 11.4.1988, see reg. 1
9. Any sum—E+W+S
(a)deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 F12 or section 338(1) of the Housing (Scotland) Act 1987 F13 as a condition of occupying the home;
(b)which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.
10. Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to supplementary benefit or income support or to increase the amount of that benefit.E+W+S
Commencement Information
I9Sch. 10 para. 10 in force at 11.4.1988, see reg. 1
11. The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.E+W+S
Commencement Information
I10Sch. 10 para. 11 in force at 11.4.1988, see reg. 1
[F1412. Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.]E+W+S
Textual Amendments
F14Sch. 10 para. 12 substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), reg. 11(c) (with reg. 1(2))
Commencement Information
I11Sch. 10 para. 12 in force at 11.4.1988, see reg. 1
13. The value of the right to receive any income under a life interest or from a liferent.E+W+S
Commencement Information
I12Sch. 10 para. 13 in force at 11.4.1988, see reg. 1
14. The value of the right to receive any income which is disregarded under paragraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income to be disregarded).E+W+S
Commencement Information
I13Sch. 10 para. 14 in force at 11.4.1988, see reg. 1
15. The surrender value of any policy of life insurance.E+W+S
Commencement Information
I14Sch. 10 para. 15 in force at 11.4.1988, see reg. 1
16. Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.E+W+S
Commencement Information
I15Sch. 10 para. 16 in force at 11.4.1988, see reg. 1
17. Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F15or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)], [F16any payment made by a local authority [F17in accordance with section 17 or 24 of the Children Act 1989] or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).] E+W+S
Textual Amendments
F15Words in Sch. 10 para. 17 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 36(a)
F16Words in Sch. 10 para. 17 substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 12
F17Words in Sch. 10 para. 17 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para 10
Commencement Information
I16Sch. 10 para. 17 in force at 11.4.1988, see reg. 1
[F1818. Any social fund payment made pursuant to Part III of the Act.]E+W+S
Textual Amendments
F18Sch. 10 para. 18 substituted (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 9(2) (with reg. 1(2))
Commencement Information
I17Sch. 10 para. 18 in force at 11.4.1988, see reg. 1
19. Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982 F19 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.E+W+S
20. Any capital which under [F20regulation 41, 44(1) or 66A (capital treated as income, modifications in respect of children and young persons or treatment of student loans)] is to be treated as income.E+W+S
Textual Amendments
F20Words in Sch. 10 para. 20 substituted (1.9.1990) by The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 5(9) (with reg. 7(1))
Commencement Information
I19Sch. 10 para. 20 in force at 11.4.1988, see reg. 1
21. Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.E+W+S
Commencement Information
I20Sch. 10 para. 21 in force at 11.4.1988, see reg. 1
[F2122.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), [F22the Fund[F23, the Eileen Trust]] or [F24the Independent Living Funds].E+W+S
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [F22or who is or was a qualifying person], which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
(a)that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;
(b)any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or
(c)any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.
(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia [F25or who is or was a qualifying person] provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
(a)the person who is suffering from haemophilia [F26or who is a qualifying person];
(b)any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or
(c)any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.
(4) Any payment by a person who is suffering from haemophilia [F27or who is a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
(a)that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and
(b)the payment is made either—
(i)to that person’s parent or step-parent, or
(ii)where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
(5) Any payment out of the estate of a person who suffered from haemophilia [F27or who was a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
(a)that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and
(b)the payment is made either—
(i)to that person’s parent or step-parent, or
(ii)where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.]
[F28(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund [F29and the Eileen Trust].]
Textual Amendments
F21Sch. 10 para. 22 substituted (11.5.1991) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1991 (S.I. 1991/1175), regs. 1(1), 5(8)(a)
F22Words in Sch. 10 para. 22(1)(2) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(i)(ii)
F23Words in Sch. 10 para. 22(1) inserted (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 4(5)(a)
F24Words in Sch. 10 para. 22(1) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 2(3)(4)
F25Words in Sch. 10 para. 22(3) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(iii)(aa)
F26Words in Sch. 10 para. 22(3) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(iii)(bb)
F27Words in Sch. 10 para. 22(4)(5) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(iv)(v)
F28Sch. 10 para. 22(7) added (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(vi)
F29Words in Sch. 10 para. 22(7) added (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 4(5)(b)
[F3023. The value of the right to receive an occupational [F31or personal] pension.]E+W+S
Textual Amendments
F30Sch. 10 paras. 22-24 added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 36(b)
F31Words in Sch. 10 para. 23 inserted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 21 (with reg. 1(2))
[F3223A. The value of any funds held under a personal pension scheme or retirement annuity contract.]E+W+S
Textual Amendments
F32Sch. 10 para. 23A inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/2303), regs. 1(1)(a), 6(10)(b) (with reg. 8)
[F3024. The value of the right to receive any rent [F33except where the claimant has a reversionary interest in the property in respect of which rent is due.]] E+W+S
Textual Amendments
F30Sch. 10 paras. 22-24 added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 36(b)
F33Words in Sch. 10 para. 24 added (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/2303), regs. 1(1)(a), 6(10)(c) (with reg. 8)
[F3425. Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling.]E+W+S
Textual Amendments
F34Sch. 10 paras. 25-28 added (30.5.1988) by The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(b)
[F3426. Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.]E+W+S
Textual Amendments
F34Sch. 10 paras. 25-28 added (30.5.1988) by The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(b)
[F3527. Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.]E+W+S
Textual Amendments
F35Sch. 10 para. 27 substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 23(a)
[F3428. Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.]E+W+S
Textual Amendments
F34Sch. 10 paras. 25-28 added (30.5.1988) by The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(b)
[F3629. Any payment in kind made by a charity [F37or under the Macfarlane (Special Payments) Trust][F38, the Macfarlane (Special Payments) (No. 2) Trust [F39the Fund or the Independent Living (1993) Fund.]]] E+W+S
Textual Amendments
F36Sch. 10 paras. 29-31 added (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 26(c)
F37Words in Sch. 10 para. 29 added (31.1.1990) by The Income-related Benefits Schemes Amendment Regulations 1990 (S.I. 1990/127), regs. 1(1), 3(4)
F38Words in Sch. 10 para. 29 substituted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(b)
F39Words in Sch. 10 para. 29 substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 2(5)
[F3630. [F40£200 of any payment, or, if the payment is less than £200, the whole of any payment] made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) [F41or section 2 of the Enterprise and New Towns (Scotland) Act 1990] as a training bonus to a person participating in arrangements for training made under that section [F42of the 1973 Act].]
Textual Amendments
F36Sch. 10 paras. 29-31 added (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 26(c)
F40Words in Sch. 10 para. 30 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 24
F41Words in Sch. 10 para. 30 inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F42Words in Sch. 10 para. 30 inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(h)
[F3631. Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.]E+W+S
Textual Amendments
F36Sch. 10 paras. 29-31 added (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 26(c)
[F4332. Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.]E+W+S
Textual Amendments
F43Sch. 10 paras. 32-35 added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 23(b)
[F4333. Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.]E+W+S
Textual Amendments
F43Sch. 10 paras. 32-35 added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 23(b)
[F4334. Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.]E+W+S
Textual Amendments
F43Sch. 10 paras. 32-35 added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 23(b)
F4435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F44Sch. 10 para. 35 omitted (1.4.1993) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), reg. 1(1)(b), Sch. para. 6(2)
[F4536. Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) [F46or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax),] but only for a period of 52 weeks from the date of the receipt of the payment.]E+W+S
Textual Amendments
F45Sch. 10 para. 36 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 23(a)
F46Words in Sch. 10 para. 36 inserted (1.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), reg. 1(1)(b), Sch. para. 6(3)
[F4737. Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—E+W+S
(a)to purchase premises intended for occupation as his home; or
(b)to carry out repairs or alterations which are required to render premises fit for occupation as his home
for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.]
Textual Amendments
F47Sch. 10 para. 37 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 23(b)
[F4838.—(1) Any payment or repayment made–E+W+S
(a)as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
(b)as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);
but only for a period of 52 weeks from the date of receipt of the payment or repayment.
(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of receipt of the payment or repayment.]
Textual Amendments
F48Sch. 10 paras. 38-41 added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 11(d) (with reg. 1(2))
[F4839. Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.]E+W+S
Textual Amendments
F48Sch. 10 paras. 38-41 added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 11(d) (with reg. 1(2))
[F4840. Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.]E+W+S
Textual Amendments
F48Sch. 10 paras. 38-41 added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 11(d) (with reg. 1(2))
[F4841. Any arrears of special war widows payment which is disregarded under paragraph 47 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) [F49or of any amount which is disregarded under paragraph 54, 55 or 56 of that Schedule], but only for a period of 52 weeks from the date of receipt of the arrears.]E+W+S
Textual Amendments
F48Sch. 10 paras. 38-41 added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 11(d) (with reg. 1(2))
F49Words in Sch. 10 para. 41 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 33(a)
[F5042. Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.]E+W+S
Textual Amendments
F50Sch. 10 paras. 42, 43 added (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 9(3) (with reg. 1(2))
[F5043. Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.]E+W+S
Textual Amendments
F50Sch. 10 paras. 42, 43 added (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 9(3) (with reg. 1(2))
[F5144. Any sum of capital administered on behalf of a person F52... by the High Court under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981, or the Court of Protection, where such sum derives from—E+W+S
(a)an award of damages for a personal injury to that person; or
(b)compensation for the death of one or both parents [F53where the person concerned is under the age of 18].
Textual Amendments
F51Sch. 10 paras. 44, 45 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 33(b)
F52Words in Sch. 10 para. 44 omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(9)(a)(10)(e)
F53Words in Sch. 10 para. 44 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(9)(b)(10)(e)
45. Any sum of capital administered on behalf of a person F54... in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965, or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules, where such sum derives from—E+W+S
(a)an award of damages for a personal injury to that person; or
(b)compensation for the death of one or both parents [F55where the person concerned is under the age of 18].]
Textual Amendments
F51Sch. 10 paras. 44, 45 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 33(b)
F54Words in Sch. 10 para. 45 omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(9)(a)(10)(e)
F55Words in Sch. 10 para. 45 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(9)(b)(10)(e)
[F5646. Any payment to the claimant as holder of the Victoria Cross or George Cross.]E+W+S
Textual Amendments
F56Sch. 10 para. 46 added (8.4.1996) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(2), 11(1)
[F5747. Any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit), but only for a period of 52 weeks from the date that such an amount is received.]E+W+S
Textual Amendments
[F5748. Any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit), but only for a period of 52 weeks from the date that such an amount is received.]E+W+S
Textual Amendments
[F5749. Any amount of income support to which a person is entitled by virtue of regulation 21ZA above (treatment of refugees), but only for a period of 52 weeks from the date that such an amount is received.]E+W+S
Textual Amendments
[F5850. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in an employment programme specified in—E+W+S
(a)regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal);
(b)regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal); or
(c)regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal),
but only for a period of 52 weeks from the date of receipt of the payment.]
Textual Amendments
[F5951. Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996 but only for a period of 52 weeks from the date of receipt of the payment.] E+W+S
Textual Amendments
F59Sch. 10 para. 51 added (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), reg. 1(1), reg. 17(11)(12)
[F6052. In the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal), any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.]E+W+S
Textual Amendments
[F6153. Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996 but only for the period of 52 weeks from the date of receipt of that payment.]E+W+S
Textual Amendments
[F6256.—(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).E+W+S
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
(3) For the purposes of sub-paragraph (2)—
“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.]
Textual Amendments
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