- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (04/10/1993)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 11/04/1994
Point in time view as at 04/10/1993.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, SCHEDULE 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 40 (2)
1. Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).E+W+S
Commencement Information
I1Sch. 9 para. 1 in force at 11.4.1988, see reg. 1
2. Any payment in respect of any expenses incurred by a claimant who is—E+W+S
(a)engaged by a charitable or voluntary body; or
(b)a volunteer,
if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 42 (6) (notional income).
Commencement Information
I2Sch. 9 para. 2 in force at 11.4.1988, see reg. 1
3. In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.E+W+S
Commencement Information
I3Sch. 9 para. 3 in force at 11.4.1988, see reg. 1
4. In the case of a payment of statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Act or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity—E+W+S
(a)any amount deducted by way of primary Class 1 contributions under the Social Security Act;
(b)one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.
Commencement Information
I4Sch. 9 para. 4 in force at 11.4.1988, see reg. 1
[F14A. In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986—E+W+S
(a)any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975;
(b)one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.]
Textual Amendments
F1Sch. 9 para. 4A inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(a)
5. Any housing benefit.E+W+S
Commencement Information
I5Sch. 9 para. 5 in force at 11.4.1988, see reg. 1
6. Any mobility allowance [F2or the mobility component of disability living allowance].E+W+S
Textual Amendments
F2Words in Sch. 9 para. 6 inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(6)(a) (with reg. 1(2))
Commencement Information
I6Sch. 9 para. 6 in force at 11.4.1988, see reg. 1
7. Any concessionary payment made to compensate for the non-payment of—E+W+S
(a)any payment specified in [F3paragraph 6, 9 or 9A];
(b)income support.
Textual Amendments
F3Words in Sch. 9 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(6)(b) (with reg. 1(2))
Commencement Information
I7Sch. 9 para. 7 in force at 11.4.1988, see reg. 1
8. Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.E+W+S
Commencement Information
I8Sch. 9 para. 8 in force at 11.4.1988, see reg. 1
[F49. Any attendance allowance or the care component of disability living allowance, but, where the claimant’s applicable amount falls to be calculated in accordance with Part I of Schedule 4 only to the extent that it exceeds the amount for the time being specified as the higher rate of attendance allowance for the purposes of section 64(3) of the Social Security Contributions and Benefits Act 1992 or, as the case may, be the highest rate of the care component of disability living allowance for the purposes of section 72(4)(a) of that Act.]E+W+S
Textual Amendments
F4Sch. 9 para. 9 substituted (1.4.1993) by The Social Security Benefits (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/518), regs. 1, 5(5)(a)
F59A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F5Sch. 9 para. 9A omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 23(2)
10. Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.E+W+S
Commencement Information
I9Sch. 9 para. 10 in force at 11.4.1988, see reg. 1
11. Any sum in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 81 of the Education Act 1944 F6 (assistance by means of scholarships and otherwise), or by virtue of section 2 (1) of the Education Act 1962 F7 (awards for courses of further education) or section 49 of the Education (Scotland) Act 1980 F8 (power to assist persons to take advantage of educational facilities).E+W+S
Textual Amendments
F61944 c. 31; section 81 was amended by S.I. 1964/490.
F71962 c. 12; section 2 (1) was substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20).
Commencement Information
I10Sch. 9 para. 11 in force at 11.4.1988, see reg. 1
12. In the case of a claimant to whom regulation 9 (1) (persons treated as available for employment) applies, any sums intended for any expenditure specified in paragraph (2) of regulation 62 (calculation of grant income) necessary as a result of his attendance on his course.E+W+S
Commencement Information
I11Sch. 9 para. 12 in force at 11.4.1988, see reg. 1
[F913. In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 [F10or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F11of the 1973 Act]—E+W+S
(a)any travelling expenses reimbursed to the claimant;
(b)any living away from home allowance under section 2(2)(d) [F12of the 1973 Act or section 2(4)(c) of the 1990 Act] but only to the extent that rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit;
(c)any training premium,
but this paragraph, except in so far as it relates to a payment under subparagraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) [F12of the 1973 Act or section 2(4)(c) of the 1990 Act].]
Textual Amendments
F9Sch. 9 para. 13 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(b)
F10Words in Sch. 9 para. 13 inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F11Words in Sch. 9 para. 13 added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(g)(i)
F12Words in Sch. 9 para. 13 substituted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(g)(ii)
Commencement Information
I12Sch. 9 para. 13 in force at 11.4.1988, see reg. 1
14. Any Job Start Allowance payable pursuant to arrangements made under section 2 (1) of the Employment and Training Act 1973.E+W+S
Commencement Information
I13Sch. 9 para. 14 in force at 11.4.1988, see reg. 1
[F1315.—[F14(1) Subject to sub-paragraph (3) and paragraphs 36, 37 and 39, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals, except any payment to which sub-paragraph (2) or paragraph 15A applies.]E+W+S
(2) Subject to [F15sub-paragraphs (3) and (6)] and paragraph 39, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, F16... 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) [F17or by a local authority under Part III of the National Assistance Act 1948], of a single claimant or, as the case may be, of the claimant or any other member of his family[F18, or is used for any [F19council tax] or water charges for which that claimant or member is liable].
(3) Sub-paragraphs (1) and (2) shall not apply—
(a)to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;
(b)in the case of a person to whom section 23 of the Act (trade disputes) applies or 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).
(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.
(5) For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.]
[F20(6) Sub-paragraph (2) shall apply to a claimant in a residential care home or nursing home only if his applicable amount falls to be calculated in accordance with regulation 19.]
Textual Amendments
F13Sch. 9 para. 15 substituted (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), 22(a)
F14Sch. 9 para. 15(1) 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), 23(3)(a)
F15Words in Sch. 9 para. 15(2) 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), 23(3)(b)
F16Words in Sch. 9 para. 15(2) omitted (7.10.1991) by virtue of The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 20(a)(i) (with reg. 1(2))
F17Words in Sch. 9 para. 15(2) inserted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 7(a)
F18Words in Sch. 9 para. 15(2) added (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 20(a)(ii) (with reg. 1(2))
F19Words in Sch. 9 para. 15(2) substituted (1.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), reg. 1(1)(b), Sch. para. 5(2)
F20Sch. 9 para. 15(6) 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), 23(3)(c)
Commencement Information
I14Sch. 9 para. 15 in force at 11.4.1988, see reg. 1
[F2115A.—(1) Subject to the following provisions of this paragraph, in the case of a claimant placed in a residential care home or nursing home by a local authority under section 26 of the National Assistance Act 1948, any charitable payment or voluntary payment made or due to be made at regular intervals.E+W+S
(2) This paragraph shall apply only where—
(a)the claimant was placed in the residential care or nursing home by the local authority because the home was the preferred choice of the claimant, and
(b)the cost of the accommodation was in excess of what the authority would normally expect to pay having regard to the needs of the claimant assessed in accordance with section 47 of the National Health Service and Community Care Act 1990.
(3) This paragraph shall not apply in the case of a person whose applicable amount falls to be calculated under regulation 19 (persons in residential care or nursing homes with preserved rights).
(4) The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the local authority and the cost the authority would normally incur for a person with the particular needs of the claimant.]
Textual Amendments
F21Sch. 9 para. 15A inserted (1.4.1993) by The Social Security Benefits (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/518), regs. 1, 5(5)(c)
16. Subject to paragraphs 36 and 37, [F22£10] of any of the following, namely—E+W+S
(a)a war disablement pension or war widow's pension or a payment made to compensate for the non-payment of such a pension[F23, except in so far as such a pension or payment falls to be disregarded under paragraphs 8 or 9];
[F24(b)a pension paid by the government of a country outside Great Britain which is either—
(i)analogous to a war disablement pension; or
(ii)analogous to a war widow’s pension;]
(c)a pension paid 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, to victims of National Socialist persecution.
Textual Amendments
F22Sum in Sch. 9 para. 16 substituted (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), 22(b)
F23Words in Sch. 9 para. 16(a) inserted (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), 23(4)
F24Sch. 9 para. 16(b) substituted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 20(b) (with reg. 1(2))
Commencement Information
I15Sch. 9 para. 16 in force at 11.4.1988, see reg. 1
17. Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—E+W+S
(a)that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;
(b)that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
(c)that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;
(d)that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
(e)that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,
the amount, calculated on a weekly basis equal to—
(i)where, or in so far as, section 26 of the Finance Act 1982 F25 (deduction of tax from certain loan interest) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due;
(ii)in any other case the interest which is payable on the loan without deduction of such a sum.
Textual Amendments
Commencement Information
I16Sch. 9 para. 17 in force at 11.4.1988, see reg. 1
18. Any payment made to the claimant by a [F26person who normally resides with the claimant] which is a contribution towards his living and accommodation costs except a payment to which paragraph 19 or 20 applies.E+W+S
Textual Amendments
F26Words in Sch. 9 para. 18 substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 22(a)
Commencement Information
I17Sch. 9 para. 18 in force at 11.4.1988, see reg. 1
19. F27Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 18 refers ... and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant—E+W+S
(a)£4 of any payment made by that person; and
(b)a further [F28£8.60], where that payment is inclusive of an amount for heating.
Textual Amendments
F27Words in Sch. 9 para. 19 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 9(a) (with reg. 28)
F28Sum in Sch. 9 para. 19(b) substituted (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 1991 (S.I. 1991/2910), art. 13(13)
Commencement Information
I18Sch. 9 para. 19 in force at 11.4.1988, see reg. 1
[F2920. Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation—E+W+S
(a)£20.00 of any payment for that accommodation made by the person to whom it is provided; and
(b)where any such payment exceeds £20.00, 50% of the excess.]
Textual Amendments
F29Sch. 9 para. 20 substituted (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), 22(c)
Commencement Information
I19Sch. 9 para. 20 in force at 11.4.1988, see reg. 1
[F3021.—(1) Subject to sub-paragraph (2), except where regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;E+W+S
(2) The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust[F31, the Macfarlane (Special Payments) Trust][F32, the Macfarlane (Special Payments) (No. 2) Trust][F33, the Fund[F34, the Eileen Trust]] [F35or [F36the Independent Living Funds]].]
Textual Amendments
F30Sch. 9 para. 21 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(d)
F31Words in Sch. 9 para. 21(2) inserted (31.1.1990) by The Income-related Benefits Schemes Amendment Regulations 1990 (S.I. 1990/127), regs. 1(1), 3(3)(e)
F32Words in Sch. 9 para. 21(2) inserted (11.5.1991) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1991 (S.I. 1991/1175), regs. 1(1), 5(7)(a)
F33Words in Sch. 9 para. 21(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(7)(a)
F34Words in Sch. 9 para. 21(2) 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(4)(a)
F35Words in Sch. 9 para. 21(2) inserted (9.6.1988) by The Family Credit and Income Support (General) Amendment Regulations 1988 (S.I. 1988/999), regs. 1(1), 5(d)
F36Words in Sch. 9 para. 21(2) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 2(3)(4)
Commencement Information
I20Sch. 9 para. 21 in force at 11.4.1988, see reg. 1
22.—(1) Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 [F3712 or 25 to 28] of Schedule 10.E+W+S
(2) Income derived from capital disregarded under paragraph 2 [F384 or 25 to 28] of Schedule 10 but [F39only to the extent of—
(a)any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
(b)any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.]
[F40(3) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.]
Textual Amendments
F37Words in Sch. 9 para. 22(1) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 25(a)(i)
F38Words in Sch. 9 para. 22(2) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 25(a)(ii)
F39Words in Sch. 9 para. 22(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(b)(c), 9(2)
F40Sch. 9 para. 22(3) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(b)(c), 9(3)
Commencement Information
I21Sch. 9 para. 22 in force at 11.4.1988, see reg. 1
23. Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.E+W+S
Commencement Information
I22Sch. 9 para. 23 in force at 11.4.1988, see reg. 1
24. Where a payment of income 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
I23Sch. 9 para. 24 in force at 11.4.1988, see reg. 1
25.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—E+W+S
[F41(a)in accordance with regulations made pursuant to section 57A of the Adoption Act 1976(permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978(schemes for payment of allowances to adopters);
(b)which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);]
to the extent specified in sub-paragraph (2).
(2) In the case of a child or young person—
(a)to whom regulation 44 (5) (capital in excess of £3,000) applies, the whole payment;
(b)to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.
Textual Amendments
F41Sch. 9 para. 25(1)(a) 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. 9(a), (with Sch. para. 11)
Commencement Information
I24Sch. 9 para. 25 in force at 11.4.1988, see reg. 1
26. Any payment made by a local authority to the claimant with whom a person is [F42accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after)] or, as the case may be, [F43section 21] of the Social Work (Scotland) Act 1968 F44 or by a voluntary organisation under [F45section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations)] or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 F46 (provision of accommodation and maintenance for children in care).E+W+S
Textual Amendments
F42Words in Sch. 9 para. 26 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), regs. 1(1), Sch. para. 9(b)(i) (with Sch. para. 11)
F43Words in Sch. 9 para. 26 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 25(b)
F45Words in Sch. 9 para. 26 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), regs. 1(1), Sch. para. 9(b)(ii) (with Sch. para. 11)
Commencement Information
I25Sch. 9 para. 26 in force at 11.4.1988, see reg. 1
27. Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant's household but is temporarily in his care.E+W+S
Commencement Information
I26Sch. 9 para. 27 in force at 11.4.1988, see reg. 1
28. Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F47or 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)], [F48any payment made by a local authority [F49in 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
F47Words in Sch. 9 para. 28 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(c)
F48Words in Sch. 9 para. 28 substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 12
F49Words in Sch. 9 para. 28 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. 9(c)
Commencement Information
I27Sch. 9 para. 28 in force at 11.4.1988, see reg. 1
29.—(1) [F50Subject to sub-paragraph (3),] any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan to which paragraph 7 or 8 of Schedule 3 applies (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed—
(a)subject to sub-paragraph (2), the amount, calculated on a weekly basis, of any interest which is excluded [F51under paragraphs 7, 8 and 10 of Schedule 3];
(b)the amount of the payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and
(c)the amount, calculated on a weekly basis, of the premium due on that policy.
[F52(2) The amount to which sub-paragraph (1)(a) refers shall be taken into account in calculating the amount to be excluded under this paragraph only for such period during which either—
(a)there is applicable to the claimant 50 per cent of his eligible interest under paragraph 7 of Schedule 3; or
(b)the amount of the loan to be taken into account is restricted by virtue of paragraph 7(6B) or 10 of Schedule 3.]
[F53(3) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).]
Textual Amendments
F50Words in Sch. 9 para. 29(1) inserted (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), 23(5)(a)
F51Words in Sch. 9 para. 29(1)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1993 (S.I. 1993/1679), regs. 1(1), 6(a)
F52Sch. 9 para. 29(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1993 (S.I. 1993/1679), regs. 1(1), 6(b)
F53Sch. 9 para. 29(3) added (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), 23(5)(b)
Commencement Information
I28Sch. 9 para. 29 in force at 11.4.1988, see reg. 1
30. Except where [F54paragraph 29] applies, any payment made to the claimant which is intended and used as a contribution towards—E+W+S
(a)the amount of eligible interest which is not met under paragraph 7 or 8 of Schedule 3 (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home);
(b)the capital repayments—
(i)where the loan is one specified in paragraph 7 (3) (a) or 8 (1) (a) of Schedule 3; or
(ii)where the loan is one specified in paragraph 7 (3) (b) or 8 (1) (b) of Schedule 3 only to the extent that the capital outstanding on that loan represents the capital balance outstanding on the previous loan at the time when the loan was taken out;
(c)any payment or charge specified in paragraph 1 of Schedule 3 to the extent that that payment or charge has not been met;
(d)his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the [F55actual charge increased, where appropriate, in accordance with paragraph 2 of Schedule 4 exceeds the amount determined in accordance with regulation 19 (residential care and nursing homes) [F56or the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948].]
Textual Amendments
F54Words in Sch. 9 para. 30 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(e)
F55Words in Sch. 9 para. 30(d) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 15
F56Words in Sch. 9 para. 30(d) inserted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 7(b)
Commencement Information
I29Sch. 9 para. 30 in force at 11.4.1988, see reg. 1
[F5730A.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant in a residential care home or nursing home, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 15A applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home.E+W+S
(2) This paragraph shall not apply to a claimant for whom accommodation in a residential care home or nursing home is provided by a local authority under section 26 of the National Assistance Act 1948, or whose applicable amount falls to be calculated in accordance with regulation 19.
(3) The amount to be disregarded under this paragraph shall not exceed the difference between—
(a)the claimant’s applicable amount less any of the amounts referred to in paragraph 13 of Schedule 4 (personal allowances) which would be applicable to the claimant if his applicable amount fell to be calculated in accordance with that Schedule, and
(b)the weekly charge for the accommodation.]
Textual Amendments
F57Sch. 9 para. 30A added (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), 23(6)
[F5831. Any social fund payment made pursuant to Part III of the Act.]E+W+S
Textual Amendments
F58Sch. 9 para. 31 substituted (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 8(2) (with reg. 1(2))
Commencement Information
I30Sch. 9 para. 31 in force at 11.4.1988, see reg. 1
32. Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.E+W+S
Commencement Information
I31Sch. 9 para. 32 in force at 11.4.1988, see reg. 1
33. Any payment under paragraph 2 of Schedule 6 to the Act (pensioner's Christmas bonus).E+W+S
Commencement Information
I32Sch. 9 para. 33 in force at 11.4.1988, see reg. 1
34. In the case of a person to whom section 23 of the Act (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of subsection 6 of that section made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polyamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.E+W+S
Commencement Information
I33Sch. 9 para. 34 in force at 11.4.1988, see reg. 1
35. Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.E+W+S
Commencement Information
I34Sch. 9 para. 35 in force at 11.4.1988, see reg. 1
36. The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 23 (3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63 (2) (b) and 64 (1) (c) (calculation of covenant income where a contribution assessed)[F59, regulation 66A(2) (treatment of student loans)] and [F60paragraphs 15(1)] and 16 shall in no case exceed [F61£10] per week.E+W+S
Textual Amendments
F59Words in Sch. 9 para. 36 inserted (1.9.1990) by The Income-Related Benefits Amendment Regulations 1990 (S.I. 1990/1657), regs. 1, 5(4)
F60Words in Sch. 9 para. 36 substituted (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), 22(d)(i)
F61Sum in Sch. 9 para. 36 substituted (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), 22(d)(ii)
Commencement Information
I35Sch. 9 para. 36 in force at 11.4.1988, see reg. 1
37. Notwithstanding paragraph 36 where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31 (1) (b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.E+W+S
Commencement Information
I36Sch. 9 para. 37 in force at 11.4.1988, see reg. 1
[F6238. Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987.]E+W+S
Textual Amendments
F62Sch. 9 paras. 38, 39 added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(f)
[F6339.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), [F64the Fund[F65, the Eileen Trust]] or [F66the Independent Living Funds].E+W+S
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [F64or 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 [F67or 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 a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or fro the benefit of—
(a)the person who is suffering from haemophilia [F68or 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 [F69or 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 [F69or 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 income which derives from any payment of income or capital made under or deriving from any of the Trusts.]
[F70(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 [F71and the Eileen Trust].]
Textual Amendments
F63Sch. 9 para. 39 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(7)(b)
F64Words in Sch. 9 para. 39(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(7)(b)(i)(ii)
F65Words in Sch. 9 para. 39(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(4)(b)(i)
F66Words in Sch. 9 para. 39(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)
F67Words in Sch. 9 para. 39(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(7)(b)(iii)(aa)
F68Words in Sch. 9 para. 39(3)(a) 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(7)(b)(iii)(bb)
F69Words in Sch. 9 para. 39(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(7)(b)(iv)(v)
F70Sch. 9 para. 39(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(7)(b)(vi)
F71Words in Sch. 9 para. 39(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(4)(b)(ii)
[F7240. 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
F72Sch. 9 para. 40 added (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 25(d)
[F7341. 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
F73Sch. 9 paras. 41-44 added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 22(b)
[F7342. 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
F73Sch. 9 paras. 41-44 added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 22(b)
[F7343. 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
F73Sch. 9 paras. 41-44 added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 22(b)
F7444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F74Sch. 9 para. 44 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. 5(3)
[F7545. Any community charge benefit.]E+W+S
Textual Amendments
F75Sch. 9 paras. 45-47 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), 22(e)
[F7546. 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 charges) [F76or 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)].]E+W+S
Textual Amendments
F75Sch. 9 paras. 45-47 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), 22(e)
F76Words in Sch. 9 para. 46 added (1.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), reg. 1(1)(b), Sch. para. 5(4)
[F7547. Any special war widows payment made under—E+W+S
(a)the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865;
(b)the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977;
(c)the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917;
(d)the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980;
(e)the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980;
and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub- paragraphs (a) to (e) of this paragraph.]
Textual Amendments
F75Sch. 9 paras. 45-47 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), 22(e)
[F7748.—(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).
(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).]
Textual Amendments
F77Sch. 9 paras. 48-50 added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 10(b) (with reg. 1(2))
[F7749. 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).]E+W+S
Textual Amendments
F77Sch. 9 paras. 48-50 added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 10(b) (with reg. 1(2))
[F7750. 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.]E+W+S
Textual Amendments
F77Sch. 9 paras. 48-50 added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 10(b) (with reg. 1(2))
[F7851. Any payment (other than a training allowance) 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
F78Sch. 9 para. 51 added (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 8(3) (with reg. 1(2))
[F7952. Any council tax benefit.]E+W+S
Textual Amendments
F79Sch. 9 para. 52 added (1.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), reg. 1(1)(b), Sch. para. 5(5)
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