3.—(1) In a case to which this paragraph applies and paragraph 4 does not apply, £20; but notwithstanding regulation 25 (calculation of income and capital of members of a claimant's family and of a polygamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £20.E+W+S
(2) This paragraph applies where the claimant's applicable amount includes an amount by way of the disability premium[F1, severe disability premiumF2... or support component] under Schedule 3 (applicable amounts) [F3or where the claimant or the claimant’s partner is a member of the work-related activity group].
(3) This paragraph applies where—
(a)[F4the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 3;] and
(b)he or his partner [F5has not attained the qualifying age for state pension credit] and at least one is engaged in employment.
F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Sch. 4 para. 3(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 24(a)
F2Words in Sch. 4 para. 3(2) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(8)(a)(i) (with Sch. 2 paras. 1-7)
F3Words in Sch. 4 para. 3(2) inserted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(8)(a)(ii) (with Sch. 2 paras. 1-7)
F4Words in Sch. 4 para. 3(3)(a) substituted (19.5.2008) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(11)(a)
F5Words in Sch. 4 para. 3(3)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 27(2)
F6Sch. 4 para. 3(4) omitted (19.5.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(11)(b)
F7Sch. 4 para. 3(5) omitted (19.5.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(11)(b)