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SCHEDULE 6Capital to be disregarded

PART 1Capital to be disregarded generally

22.—(1) Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, an official error [F1or an error on a point of law] relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations or the Housing Benefit Regulations 2006.

[F2(1A) Subject to sub-paragraph (3), any payment of £5,000 or more received by the claimant in full on or after the day on which the claimant became entitled to benefit under these Regulations or the Housing Benefit Regulations 2006 which has been made to rectify, or to compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance.

(1B) In sub-paragraph (1) “contributory employment and support allowance” has the meaning in paragraph 21(3) of this Schedule.]

(2) Subject to sub-paragraph (3), the total amount of any payments disregarded under—

(a)paragraph 7(2) of Schedule 10 to the Income Support Regulations F3;

(b)paragraph 12(2) of Schedule 8 to the Jobseeker's Allowance Regulations F4;

(c)paragraph 9(2) [F5or 9A] of [F6Schedule 6] to the Housing Benefit Regulations 2006;

(d)paragraph 20A of Schedule 5 to the State Pension Credit Regulations 2002F7,

[F8(e)paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,]

[F9(f)paragraph 18 of Schedule 10 to the Universal Credit Regulations 2013,]

[F10(g)regulations 10A to 10C of the Universal Credit (Transitional Provisions) Regulations 2014,]

where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.

(3) Any disregard which applies under sub-paragraph [F11(1), (1A) or (2)] shall have effect until the award comes to an end.

(4) In this paragraph—

“the award”, except in sub-paragraph (2), means—

(a)

the award of benefit under these Regulations during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; and

(b)

where that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that, for such further awards, the claimant—

(i)

is the person who received the relevant sum;

(ii)

is the partner of that person; or

(iii)

was the partner of that person at the date of his death;

“official error”—

(a)

where the error relates to housing benefit F12..., has the meaning given by regulation 1(2) of the Decisions and Appeals RegulationsF13;

(b)

where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999F14;

“the relevant date” means—

(a)

in the case of an existing award of benefit under these Regulations or the Housing Benefit Regulations 2006, 6th October 2003; and

(b)

in any other case, the date on which the claim for benefit under these Regulations or the Housing Benefit Regulations 2006 was made;

“relevant benefit” means any benefit specified in paragraph 21(2); and

“the relevant sum” means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).

Textual Amendments

F3Paragraph 7(2) was inserted by S.I. 2002/2380.

F4Paragraph 12(2) was inserted by S.I. 2002/2380.

F7S.I. 2002/1792. Paragraph 20A was inserted by S.I. 2002/3197, and substituted by S.I. 2003/2274.

F13S.I. 2001/1002. Regulation 1(2) was amended by S.I. 2002/1379 and 2002/1703.

F14S.I. 1999/991. Regulation 1(3) was amended by S.I. 2002/1379.