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Regulation 40 (2)

SCHEDULE 9E+W+SSUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

Modifications etc. (not altering text)

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 [F1voluntary organisation]; 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).

Textual Amendments

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

[F24A.  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

5.  Any housing benefit [F3including 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).] E+W+S

Textual Amendments

Commencement Information

I5Sch. 9 para. 5 in force at 11.4.1988, see reg. 1

6.  Any mobility allowance [F4or the mobility component of disability living allowance].E+W+S

Textual Amendments

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 [F5paragraph 6 [F6or 9]];

(b)income support [F7or jobseeker’s allowance].

Textual Amendments

F6Words in Sch. 9 para. 7(a) substituted (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 15(1)(a)

F7Words in Sch. 9 para. 7(b) added (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 15(1)(b)

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

[F89.  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 [F9or paragraph 13A of Schedule 7] 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

F109A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F10Sch. 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

[F1111.  Any–E+W+S

(a)

education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc.) (“the 1996 Act"); or

(b)

sum (not being an allowance coming within sub-paragraph (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 518 of the 1996 Act, section 49 of the Education (Scotland) Act 1980 (power to assist persons to take advantage of educational facilities) or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (provision of financial assistance to students).]

Textual Amendments

F1212.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F1313.  In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 [F14or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F15of 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) [F16of 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,

[F17(d)any child care expenses reimbursed to the claimant in respect of his participation in—

(i)an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or

(ii)the New Deal for Lone Parents or in a scheme which has been approved by the Secretary of State as supporting the objectives of the New Deal for Lone Parents,]

but this paragraph, except in so far as it relates to a payment under subparagraph (a), [F18(b), (c) or (d)], does not apply to any part of any allowance under section 2(2)(d) [F16of the 1973 Act or section 2(4)(c) of the 1990 Act].]

Textual Amendments

Commencement Information

I10Sch. 9 para. 13 in force at 11.4.1988, see reg. 1

F1914.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F2015.—[F21(1) Subject to sub-paragraph (3) and paragraphs 36, 37 and 39, [F22£20] 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 [F23sub-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, F24... 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)F25..., of a single claimant or, as the case may be, of the claimant or any other member of his family[F26, or is used for any [F27council 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.]

[F28(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

F20Sch. 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)

F21Sch. 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)

F23Words 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)

F25Words in Sch. 9 para. 15(2) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(2)

F28Sch. 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

I11Sch. 9 para. 15 in force at 11.4.1988, see reg. 1

[F2915A.—(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, [F30sections 13A, 13B and 59(2)(c) of the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984] 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

[F3115B.—(1) Subject to sub-paragraphs (2) and (3), where a claimant—E+W+S

(a)is a person to whom regulation 19 (preserved rights to income support) or paragraph 13A, 13B, 16 or 18 of Schedule 7 (applicable amounts in special cases) applies;

(b)is not residing with his spouse; and

(c)at least 50 per cent. of any occupational pension of his[F32, or of any income from a personal pension scheme or a retirement annuity contract of his,] is being paid to, or in respect of, his spouse for that spouse’s maintenance,

an amount equal to 50 per cent. of the pension[F33, pensions or income] concerned.

[F34(2) Where a claimant is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all such pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph.]

(3) This paragraph shall not have effect in respect of that part of any [F35pension or income referred to in sub-paragraph (1)] to which a spouse is legally entitled whether under a court order or not.]

Textual Amendments

F32Words in Sch. 9 para. 15B(1)(c) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(i)(aa)

F33Words in Sch. 9 para. 15B(1) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(i)(bb)

F34Sch. 9 para. 15B(2) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(ii)

F35Words in Sch. 9 para. 15B(3) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(iii)

[F3616.  Subject to paragraphs 36 and 37, £10 of any of the following, namely—E+W+S

(a)a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);

(b)a war widow’s pension;

(c)a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 [F37or the Pensions and Yeomanry Pay Act 1884], or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d)a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;

(e)a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;

(f)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.]

Textual Amendments

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—

[F38(i)where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) 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 applicable percentage of income tax within the meaning of section 369(1A) of that Act;]

(ii)in any other case the interest which is payable on the loan without deduction of such a sum.

Textual Amendments

F38Sch. 9 para. 17(i) substituted (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), 32(2)

Commencement Information

I12Sch. 9 para. 17 in force at 11.4.1988, see reg. 1

[F3918.  Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 20 refers.]E+W+S

Textual Amendments

[F4019.  Where the claimant occupies a dwelling as his home and the dwelling is also occupied by [F41another person] and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—E+W+S

(a)£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and

(b)a further [F42£9.25], where the aggregate of any such payments is inclusive of an amount for heating.]

Textual Amendments

F40Sch. 9 para. 19 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(3)

F42Sum in Sch. 9 para. 19(b) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1996 (S.I. 1996/599), arts. 1(2)(g), 18(13)

Commencement Information

I13Sch. 9 para. 19 in force at 11.4.1988, see reg. 1

[F4320.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—E+W+S

(a)where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or

(b)where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.]

Textual Amendments

F43Sch. 9 para. 20 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(4)

Commencement Information

I14Sch. 9 para. 20 in force at 11.4.1988, see reg. 1

[F4421.—(1) [F45Subject to sub-paragraphs (2) and (3)], except where [F46regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or] 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;

(2) The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust[F47, the Macfarlane (Special Payments) Trust][F48, the Macfarlane (Special Payments) (No. 2) Trust][F49, the Fund[F50, the Eileen Trust]] [F51or [F52the Independent Living Funds]].]

[F53(3) The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.]

Textual Amendments

Commencement Information

I15Sch. 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 [F5412 or 25 to 28] of Schedule 10.E+W+S

(2) Income derived from capital disregarded under paragraph 2 [F554 or 25 to 28] of Schedule 10 but [F56only 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.]

[F57(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

F56Words 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)

F57Sch. 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

I16Sch. 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

I17Sch. 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

I18Sch. 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

[F58(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);]

[F59(b)which is a payment made by a local authority in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975 (contributions towards the cost of the accommodation and maintenance of a child);

(c)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);

(d)which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);]

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

F58Sch. 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)

F59Sch. 9 para. 25(1)(b)(c)(d) substituted for Sch. 9 para. 25(1)(b) (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 15(2)

Commencement Information

I19Sch. 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 [F60accommodated 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, [F61section 21] of the Social Work (Scotland) Act 1968 F62 or by a voluntary organisation under [F63section 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 F64 (provision of accommodation and maintenance for children in care).E+W+S

Textual Amendments

F60Words 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)

F63Words 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

I20Sch. 9 para. 26 in force at 11.4.1988, see reg. 1

[F6527.  Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—E+W+S

(a)a health authority;

(b)a local authority;

(c)a voluntary organisation; or

(d)the person concerned pursuant to section 26(3A) of the National Assistance Act 1948.]

Textual Amendments

F65Sch. 9 para. 27 substituted (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 7(3)(4)(e)

28.  Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F66or 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)], [F67any payment made by a local authority [F68in 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

F68Words 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

I21Sch. 9 para. 28 in force at 11.4.1988, see reg. 1

[F6929.—(1) Subject to sub-paragraph (2) any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under paragraph 15 or 16 of Schedule 3 (housing costs in respect of loans to acquire an interest in a 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 the aggregate of—E+W+S

(a)the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 3 (housing costs);

(b)the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and

(c)any amount due by way of premiums on—

(i)that policy, or

(ii)a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

(2) 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

F69Sch. 9 para. 29 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 3

[F7030.—(1) Except where paragraph 29 [F71or 30ZA] applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—E+W+S

(a)any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Schedule 3 (housing costs);

(b)any interest payment or charge which qualifies in accordance with paragraphs 15 to 17 of Schedule 3 to the extent that the payment or charge is not met;

(c)any payment due on a loan which qualifies under paragraph 15 or 16 of Schedule 3 attributable to the payment or capital;

(d)any amount due by way of premiums on—

(i)[F72an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above;] or

(ii)a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

(e)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 actual 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) or the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948.

(2) 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

[F7330ZA.—(1) Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 29, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.E+W+S

(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—

(a)maintain the repayments referred to in sub-paragraph (1); and

(b)meet any amount due by way of premiums on that policy.]

Textual Amendments

[F7430A.—(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

F74Sch. 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)

[F7531.  Any social fund payment made pursuant to Part III of the Act.]E+W+S

Textual Amendments

Commencement Information

I22Sch. 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

I23Sch. 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

I24Sch. 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

I25Sch. 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

I26Sch. 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)[F76, regulation 66A(2) (treatment of student loans)] and [F77paragraphs 15(1)] and 16 shall in no case exceed [F78£20] per week.E+W+S

Textual Amendments

F77Words 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)

Commencement Information

I27Sch. 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

I28Sch. 9 para. 37 in force at 11.4.1988, see reg. 1

[F7938.  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

[F8039.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), [F81the Fund[F82, the Eileen Trust]] or [F83the Independent Living Funds].E+W+S

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [F81or 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 [F84or 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 [F85or 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 [F86or 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 [F86or 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.]

[F87(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 [F88and the Eileen Trust].]

Textual Amendments

[F8940.  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

[F9041.  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

[F9042.  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

[F9043.  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

F9144.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F9245.  Any community charge benefit.]E+W+S

Textual Amendments

F92Sch. 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)

[F9246.  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) [F93or 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

F92Sch. 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)

[F9247.  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

F92Sch. 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)

[F9448.—(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

[F9449.  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

[F9450.  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

[F9551.  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

[F9652.  Any council tax benefit [F97including 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).]]E+W+S

Textual Amendments

[F9853.  Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act [F99or pension under the Naval Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983], any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act [F100or the rate of that pension under that Order] where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.]E+W+S

Textual Amendments

F98Sch. 9 para. 53 added (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(5)

F100Words in Sch. 9 para. 53 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(9)(c)(ii) (with reg. 8)

[F10154.  Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).E+W+S

Textual Amendments

F101Sch. 9 paras. 54-56 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), 32(3)

55.  In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.E+W+S

Textual Amendments

F101Sch. 9 paras. 54-56 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), 32(3)

56.—(1) Any payment which is—E+W+S

(a)made under any of the Dispensing Instruments to a widow of a person—

(i)whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

(ii)whose service in such capacity terminated before 31st March 1973; and

(b)equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).

(2) In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1992 (exceptional grants of pay, non-effective pay and allowances).]

Textual Amendments

F101Sch. 9 paras. 54-56 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), 32(3)

[F10257.  Any amount of income support to which a person is entitled by virtue of [F103regulation 21ZB] above (treatment of refugees).]E+W+S

Textual Amendments

[F10458.  Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.

Textual Amendments

F104Sch. 9 paras. 58-61 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(b)

59.—(1) Subject to paragraph 60, any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).

(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 this paragraph, “ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.

Textual Amendments

F104Sch. 9 paras. 58-61 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(b)

60.  Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 where the period of education and training supported by that loan has been completed.

Textual Amendments

F104Sch. 9 paras. 58-61 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(b)

61.—(1) Any payment specified in sub-paragraph (2) to a claimant who was formerly a student and who has completed the course in respect of which those payments were made.

(2) The payments specified for the purposes of sub-paragraph (1) are—

(a)any grant income and covenant income as defined for the purposes of Chapter VIII of Part V;

[F105(b)any student loan as defined in Chapter VIII of Part V;]]

[F105(c)any contribution as defined in Chapter VIII of Part V which—

(i)is taken into account in ascertaining the amount of a student loan referred to in head (b); and

(ii)has been paid.

Textual Amendments

F104Sch. 9 paras. 58-61 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(b)

[F10662.—(1) 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—

(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).]

Textual Amendments

[F10763.—(1)  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]]

Textual Amendments

F10864.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F10964.—(1) Subject to sub-paragraph (2), 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 payment to the person—

(a)to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

(b)which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

(2) Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part V.]

Textual Amendments

Modifications etc. (not altering text)

[F11065.—(1) Subject to sub-paragraph (2), 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.

(2) No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 66(1) (student’s income to be disregarded).]

Textual Amendments

[F11166.  Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 8 of the Mental Health (Scotland) Act 1984 or the provision of accommodation or welfare services to which [F112Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers], which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person in a residential care or nursing home).]

Textual Amendments

[F11369.—(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(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

[F11470.  In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any working families tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act refers which is paid to that person.]

Textual Amendments

[F11571.  Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.]

Textual Amendments

[F11572.  In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise.]

Textual Amendments