Regulation 33(2)
1. Any payment made to the applicant in respect of any child care, travel or other expenses incurred, or to be incurred, by the applicant in respect of the applicant’s participation in the Work for Your Benefit Pilot Scheme.E+W
Commencement Information
I1Sch. 9 para. 1 in force at 28.11.2013, see reg. 1(2)
2. Any payment made to the applicant in respect of any travel or other expenses incurred, or to be incurred, by the applicant in respect of the applicant’s participation in the Mandatory Work Activity Scheme.E+W
Commencement Information
I2Sch. 9 para. 2 in force at 28.11.2013, see reg. 1(2)
3. Any payment made to the applicant in respect of any travel or other expenses incurred, or to be incurred, by the applicant in respect of the applicant’s participation in the Employment, Skills and Enterprise Scheme.E+W
Commencement Information
I3Sch. 9 para. 3 in force at 28.11.2013, see reg. 1(2)
4. Any amount paid by way of tax on income which is to be taken into account under paragraph 17 of Schedule 6 (calculation of income other than earnings).E+W
Commencement Information
I4Sch. 9 para. 4 in force at 28.11.2013, see reg. 1(2)
5. Any payment in respect of any expenses incurred or to be incurred by an applicant who is—E+W
(a)engaged by a charitable or voluntary organisation, or
(b)a volunteer,
if that applicant otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under paragraph 19(5) of Schedule 6 (notional income: persons who are not pensioners).
Commencement Information
I5Sch. 9 para. 5 in force at 28.11.2013, see reg. 1(2)
6. Any payment in respect of expenses arising out of the applicant’s participation in a service user group.E+W
Commencement Information
I6Sch. 9 para. 6 in force at 28.11.2013, see reg. 1(2)
7. 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
Commencement Information
I7Sch. 9 para. 7 in force at 28.11.2013, see reg. 1(2)
8. Where an applicant is on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, the whole of the applicant’s income.E+W
Commencement Information
I8Sch. 9 para. 8 in force at 28.11.2013, see reg. 1(2)
9. Where the applicant is a member of a joint-claim couple for the purposes of the Jobseekers Act 1995 and the applicant’s partner is on an income-based jobseeker’s allowance, the whole of the applicant’s income.E+W
Commencement Information
I9Sch. 9 para. 9 in force at 28.11.2013, see reg. 1(2)
10. Where the applicant, or the person who was the partner of the applicant on 31 March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5 April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No 3) Regulations 1999(1) as in force at that date, the whole of the applicant’s income.E+W
Commencement Information
I10Sch. 9 para. 10 in force at 28.11.2013, see reg. 1(2)
11. Any disability living allowance, personal independence payment, or AFIP.E+W
Commencement Information
I11Sch. 9 para. 11 in force at 28.11.2013, see reg. 1(2)
12. Any concessionary payment made to compensate for the non-payment of—E+W
(a)any payment specified in paragraph 11 or 14;
(b)income support;
(c)an income-based jobseeker’s allowance;
(d)an income-related employment and support allowance.
Commencement Information
I12Sch. 9 para. 12 in force at 28.11.2013, see reg. 1(2)
13. Any mobility supplement under article 20 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006(2) (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983(3) or any payment intended to compensate for the non-payment of such a supplement.E+W
Commencement Information
I13Sch. 9 para. 13 in force at 28.11.2013, see reg. 1(2)
14. Any attendance allowance.E+W
Commencement Information
I14Sch. 9 para. 14 in force at 28.11.2013, see reg. 1(2)
15. Any payment to the applicant as holder of the Victoria Cross or of the George Cross or any analogous payment.E+W
Commencement Information
I15Sch. 9 para. 15 in force at 28.11.2013, see reg. 1(2)
16.—(1) Any payment—E+W
(a)by way of an education maintenance allowance made pursuant to—
(i)regulations made under section 518 of the Education Act 1996(4) (payment of school expenses; grant of scholarships etc);
(ii)regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980(5) (power to assist persons to take advantage of educational facilities);
(iii)directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992(6);
(b)corresponding to such an education maintenance allowance, made pursuant to—
(i)section 14 or section 181 of the Education Act 2002(7) (power of Secretary of State and the Welsh Ministers to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); or
(ii)regulations made under section 181 of that Act; or
(c)in England and Wales, by way of financial assistance made pursuant to section 14 of the Education Act 2002.
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—
(a)regulations made under section 518 of the Education Act 1996;
(b)regulations made under section 49 of the Education (Scotland) Act 1980; or
(c)directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance or other payment made pursuant to any provision specified in sub-paragraph (1).
Commencement Information
I16Sch. 9 para. 16 in force at 28.11.2013, see reg. 1(2)
17. Any payment made to the applicant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2003(8).E+W
Commencement Information
I17Sch. 9 para. 17 in force at 28.11.2013, see reg. 1(2)
18.—(1) Any payment made pursuant to section 2 of the Employment and Training Act 1973(9) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(10) except a payment—E+W
(a)made as a substitute for income support, a jobseeker’s allowance, incapacity benefit, severe disablement allowance or an employment and support allowance;
(b)of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990; or
(c)intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst an applicant is participating in an education, training or other scheme to help the applicant enhance the applicant’s employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the 1973 Act and the period of education or training or the scheme, which is supported by that loan, has been completed.
(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the applicant or, where the applicant is a member of a family, any other member of the applicant’s family, or any council tax or water charges for which that applicant or member is liable.
Commencement Information
I18Sch. 9 para. 18 in force at 28.11.2013, see reg. 1(2)
19.—(1) Subject to sub-paragraph (2), any of the following payments—E+W
(a)a charitable payment;
(b)a voluntary payment;
(c)a payment (not falling within paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the applicant;
(d)a payment under an annuity purchased—
(i)pursuant to any agreement or court order to make payments to the applicant; or
(ii)from funds derived from a payment made,
in consequence of any personal injury to the applicant; or
(e)a payment (not falling within paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the applicant in consequence of any personal injury to the applicant.
(2) Sub-paragraph (1) is not to apply to a payment which is made or due to be made by—
(a)a former partner of the applicant, or a former partner of any member of the applicant’s family; or
(b)the parent of a child or young person where that child or young person is a member of the applicant’s family.
Commencement Information
I19Sch. 9 para. 19 in force at 28.11.2013, see reg. 1(2)
20. Subject to paragraph 40, £10 of any of the following, namely—E+W
(a)a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 13 or 14);
(b)a war widow’s pension or war widower’s pension;
(c)a pension payable to a person as a widow, widower or surviving civil partner under 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 guaranteed income payment and, if the amount of that payment has been abated to less than £10 by a pension or payment falling within article 39(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(11), so much of that pension or payment as would not, in aggregate with the amount of any guaranteed income payment disregarded, exceed £10;
(e)a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;
(f)a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d) above;
[F1(g)a pension paid by a government to victims of National Socialist persecution.]
Textual Amendments
F1Sch. 9 para. 20(g) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 12(a)
Commencement Information
I20Sch. 9 para. 20 in force at 28.11.2013, see reg. 1(2)
21. Subject to paragraph 40, £15 of any—E+W
(a)widowed mother’s allowance paid pursuant to section 37 of the SSCBA;
(b)widowed parent’s allowance paid pursuant to section 39A of the SSCBA.
Commencement Information
I21Sch. 9 para. 21 in force at 28.11.2013, see reg. 1(2)
22.—(1) Any income derived from capital to which the applicant is or is treated under paragraph 32 of Schedule 6 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 4, 5, 7, 11, 17 or 30 to 33 of Schedule 10.E+W
(2) Income derived from capital disregarded under paragraphs 5, 7 or 30 to 33 of Schedule 10 but only 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 applicant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.
(3) The definition of “water charges” (“taliadau dŵr”) in regulation 2(1) applies to sub-paragraph (2) of this paragraph with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as that person’s home”.
Commencement Information
I22Sch. 9 para. 22 in force at 28.11.2013, see reg. 1(2)
23. Where the applicant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating—E+W
(a)under, or pursuant to regulations made under powers conferred by section 22 of the Teaching and Higher Education Act 1998(12), that student’s award;
(b)under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980(13), that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section; or
(c)the student’s student loan,
an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.
Commencement Information
I23Sch. 9 para. 23 in force at 28.11.2013, see reg. 1(2)
24.—(1) Where the applicant is the parent of a student aged under 25 in advanced education who either—E+W
(a)is not in receipt of any award, grant or student loan in respect of that education; or
(b)is in receipt of an award bestowed by virtue of the Teaching and Higher Education Act 1998, or regulations made thereunder, or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,
and the applicant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 23, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.
(2) For the purposes of sub-paragraph (1), the amount is to be equal to—
(a)the weekly amount of the payments; or
(b)the amount by way of a personal allowance for a single applicant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),
whichever is less.
Commencement Information
I24Sch. 9 para. 24 in force at 28.11.2013, see reg. 1(2)
25. Any payment made to the applicant by a child or young person or a non-dependant.E+W
Commencement Information
I25Sch. 9 para. 25 in force at 28.11.2013, see reg. 1(2)
26. Where the applicant occupies a dwelling as the applicant’s home and the dwelling is also occupied by a person other than one to whom paragraph 25 or 27 refers and there is a contractual liability to make payments to the applicant in respect of the occupation of the dwelling by that person or a member of that person’s family—E+W
(a)where 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 that person’s family, or by that person and a member of that person’s family, is less than £20, the whole of that amount; or
(b)where the aggregate of any such payments is £20 or more per week, £20.
Commencement Information
I26Sch. 9 para. 26 in force at 28.11.2013, see reg. 1(2)
27. Where the applicant occupies a dwelling as the applicant’s home and the applicant provides in that dwelling board and lodging accommodation, an amount, in respect of each person for which such accommodation is provided for the whole or any part of a week, equal to—E+W
(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, 100 per cent of such payments;
(b)where the aggregate of any such payments exceeds £20, £20 and 50 per cent of the excess over £20.
Commencement Information
I27Sch. 9 para. 27 in force at 28.11.2013, see reg. 1(2)
28.—(1) Any income in kind, except where paragraph 17(10)(b) of Schedule 6 (provision of support under section 95 or 98 of the Immigration and Asylum Act 1999(14) in the calculation of income other than earnings) applies.E+W
(2) The reference in sub-paragraph (1) to “income in kind” (“incwm mewn nwyddau neu wasanaethau”) does not include a payment to a third party made in respect of the applicant which is used by the third party to provide benefits in kind to the applicant.
Commencement Information
I28Sch. 9 para. 28 in force at 28.11.2013, see reg. 1(2)
29. Any income which is payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.E+W
Commencement Information
I29Sch. 9 para. 29 in force at 28.11.2013, see reg. 1(2)
30.—(1) Any payment made to the applicant in respect of a person who is a member of the applicant’s family—E+W
(a)pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002(15) or in accordance with a scheme approved by the Scottish Ministers under section 71 of the Adoption and Children (Scotland) Act 2007(16) (adoption allowances schemes);
(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(17) (local authority contribution to a child’s maintenance where the child is living with a person as a result of a [F2child arrangements] order) or in Scotland section 50 of the Children Act 1975(18) (payments towards maintenance of children);
(c)which is a payment made by an authority, as defined in article 2 of the Children (Northern Ireland) Order 1995(19), in pursuance of article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);
(d)in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).
(2) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the applicant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
Textual Amendments
F2Words in Sch. 9 para. 30(1)(b) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 25
Commencement Information
I30Sch. 9 para. 30 in force at 28.11.2013, see reg. 1(2)
31. Any payment made to an applicant with whom a person is accommodated by virtue of arrangements made—E+W
(a)by a local authority under—
(i)section 23(2)(a) [F3or 22C] of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),
(ii)section 26 of the Children (Scotland) Act 1995(20) (manner of provision of accommodation to child looked after by local authority), F4...
(iii)regulation 33 or 51 of the Looked After Children (Scotland) Regulations 2009(21) (fostering and kinship care allowances and fostering allowances) [F5,]
[F6(iv)section 81 of the Social Services and Well-being (Wales) Act 2014, or]
(b)by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).
Textual Amendments
F3Words in Sch. 9 para. 31(a)(i) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(a)(i)
F4Word in Sch. 9 para. 31(a)(ii) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(a)(ii)
F5Sch. 9 para. 31(a)(iii): comma substituted for semicolon (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(a)(iii)
F6Sch. 9 para. 31(a)(iv) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(a)(iv)
Commencement Information
I31Sch. 9 para. 31 in force at 28.11.2013, see reg. 1(2)
32. Any payment made to the applicant or the applicant’s partner for a person (“the person concerned”), who is not normally a member of the applicant’s household but is temporarily in the applicant’s care, by—E+W
(a)a health authority;
(b)a local authority but excluding payments of housing benefit made in respect of the person concerned;
(c)a voluntary organisation;
(d)the person concerned pursuant to section 26(3A) of the National Assistance Act 1948(22);
(e)a primary care trust established under section 16A of the National Health Service Act 1977(23) or established by an order made under section 18(2)(c) of the National Health Service Act 2006(24); F7...
(f) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006(25)[F8;]
[F9(g)the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support arranged pursuant to section 35 or 36 of the Social Services and Well-being (Wales) Act 2014; or
(h)the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support arranged pursuant to section 18 or 19 of the Care Act 2014.]
Textual Amendments
F7Word in Sch. 9 para. 32(e) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(b)(i)
F8Sch. 9 para. 32(f): semicolon substituted for full stop (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(b)(ii)
F9Sch. 9 para. 32(g)(h) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(b)(iii)
Commencement Information
I32Sch. 9 para. 32 in force at 28.11.2013, see reg. 1(2)
[F1033. Any payment made by a local authority in accordance with—E+W
(a)section 17, 23B, 23C or 24A of the Children Act 1989;
(b)section 12 of the Social Work (Scotland) Act 1968;
(c)section 22, 29 or 30 of the Children (Scotland) Act 1995; or
(d)section 37, 38, 109, 110 or 114 of the Social Services and Well-being (Wales) Act 2014, but excluding any direct payments made under that Act.]
Textual Amendments
F10Sch. 9 para. 33 substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(c)
34.—[F11(1) Subject to sub-paragraph (2), any payment (or part payment) made by a local authority to a person (“A”) which A passes on to the applicant, where the payment is made in accordance with—E+W
(a)section 23C of the Children Act 1989;
(b)section 29 of the Children (Scotland) Act 1995; or
(c)section 110 of the Social Services and Well-being (Wales) Act 2014.]
(2) Sub-paragraph (1) applies only where A—
(a)was formerly in the applicant’s care, and
(b)is aged 18 or over, and
(c)continues to live with the applicant.
Textual Amendments
F11Sch. 9 para. 34(1) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(d)
Commencement Information
I33Sch. 9 para. 34 in force at 28.11.2013, see reg. 1(2)
35.—(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—E+W
(a)on a loan which is secured on the dwelling which the applicant occupies as the applicant’s home; or
(b)under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974(26) or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part 3 of the Hire-Purchase Act 1964(27).
(2) A payment referred to in sub-paragraph (1) is only to 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)(a) or, as the case may be, (1)(b); and
(b)meet any amount due by way of premiums on—
(i)that policy; or
(ii)in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the applicant as the applicant’s home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).
Commencement Information
I34Sch. 9 para. 35 in force at 28.11.2013, see reg. 1(2)
36. Any payment of income which by virtue of paragraph 27 of Schedule 6 (income treated as capital: persons who are not pensioners) is to be treated as capital.E+W
Commencement Information
I35Sch. 9 para. 36 in force at 28.11.2013, see reg. 1(2)
37. Any—E+W
(a)social fund payment made pursuant to Part 8 of the SSCBA (the social fund); or
(b)occasional assistance.
Commencement Information
I36Sch. 9 para. 37 in force at 28.11.2013, see reg. 1(2)
38. Any payment under Part 10 of the SSCBA (Christmas bonus for pensioners).E+W
Commencement Information
I37Sch. 9 para. 38 in force at 28.11.2013, see reg. 1(2)
39. 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
Commencement Information
I38Sch. 9 para. 39 in force at 28.11.2013, see reg. 1(2)
40. The total of an applicant’s income or, if the applicant is a member of a family, the family’s income and the income of any person which that applicant is treated as possessing under paragraph 7(3) of Schedule 6 (calculation of income and capital of members of applicant’s family and of a polygamous marriage) to be disregarded under paragraph 5(2)(b) and paragraph 6(1)(d) of Schedule 11 (calculation of covenant income where a contribution is assessed, covenant income where no grant income or no contribution is assessed), paragraph 9(2) of Schedule 11 (treatment of student loans), paragraph 11(3) of Schedule 11 (treatment of payments from access funds) and paragraphs 20 and 21, is in no case to exceed £20 per week.E+W
Commencement Information
I39Sch. 9 para. 40 in force at 28.11.2013, see reg. 1(2)
41.—(1) Any payment made under or by any of the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation [F12, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund] or the Independent Living Fund (2006).E+W
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by 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 that person is not, or where that person has died was not, estranged or divorced or with whom that person has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death;
(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 applicant’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 applicant’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 or 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 or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
(a)the person who is suffering from haemophilia or 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 applicant’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 applicant’s family.
(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, where—
(a)that person has no partner or former partner from whom that person is not estranged or divorced or with whom that person has formed a civil partnership that has not been dissolved, 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 full-time education and that person has no parent or step-parent, to that person’s 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 or who was a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, where—
(a)that person at the date of that person’s death (the relevant date) had no partner or former partner from whom that person was not estranged or divorced or with whom that person has formed a civil partnership that has not been dissolved, nor any child or young person who was 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 relevant date was a child, a young person or a student who had not completed full-time education and that person had no parent or step-parent, to that person’s 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.
(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts is to be construed as including a reference to the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation [F13, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund] and the London Bombings Relief Charitable Fund.
Textual Amendments
F12Words in Sch. 9 para. 41(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 12(b)
F13Words in Sch. 9 para. 41(7) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 12(b)
Commencement Information
I40Sch. 9 para. 41 in force at 28.11.2013, see reg. 1(2)
42. Any housing benefit.E+W
Commencement Information
I41Sch. 9 para. 42 in force at 28.11.2013, see reg. 1(2)
43. 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
Commencement Information
I42Sch. 9 para. 43 in force at 28.11.2013, see reg. 1(2)
44. Any payment to a juror or 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
Commencement Information
I43Sch. 9 para. 44 in force at 28.11.2013, see reg. 1(2)
45. Any payment in consequence of a reduction of council tax under section 13A(1)(c) of the 1992 Act (reduction of liability for council tax).E+W
Commencement Information
I44Sch. 9 para. 45 in force at 28.11.2013, see reg. 1(2)
46.—(1) Any payment or repayment made—E+W
(a)as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003(28) (travelling expenses and health service supplies);
(b)as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007(29) (travelling expenses and health service supplies);
(c)as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No 2) Regulations 2003(30) (travelling expenses and health service supplies).
(2) Any payment or repayment made by the Secretary of State for Health [F14and Social Care], the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).
Textual Amendments
F14Words in Sch. 9 para. 46(2) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2019 (S.I. 2019/11), regs. 1(1), 9(a)
Commencement Information
I45Sch. 9 para. 46 in force at 28.11.2013, see reg. 1(2)
47. Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988(31) in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).E+W
Commencement Information
I46Sch. 9 para. 47 in force at 28.11.2013, see reg. 1(2)
48. Any payment made by either the Secretary of State for Justice or by the Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody.E+W
Commencement Information
I47Sch. 9 para. 48 in force at 28.11.2013, see reg. 1(2)
49.—(1) Where an applicant’s applicable amount includes an amount by way of family premium, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the applicant’s former partner, or the applicant’s partner’s former partner.E+W
(2) For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments are to be aggregated and treated as if they were a single payment.
(3) A payment made by the Secretary of State in lieu of maintenance is, for the purpose of sub-paragraph (1), to be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
Commencement Information
I48Sch. 9 para. 49 in force at 28.11.2013, see reg. 1(2)
50.—(1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the applicant’s family, except where the person making the payment is the applicant or the applicant’s partner.E+W
(2) In sub-paragraph (1)—
“child maintenance” (“cynhaliaeth plant”) means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
“liable relative” (“perthynas atebol”) means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations 1987(34), other than a person falling within sub-paragraph (d) of that definition.
Commencement Information
I49Sch. 9 para. 50 in force at 28.11.2013, see reg. 1(2)
51. Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944(35) to assist disabled persons to obtain or retain employment despite their disability.E+W
Commencement Information
I50Sch. 9 para. 51 in force at 28.11.2013, see reg. 1(2)
52. Any guardian’s allowance.E+W
Commencement Information
I51Sch. 9 para. 52 in force at 28.11.2013, see reg. 1(2)
53.—(1) If the applicant is in receipt of any benefit under Part 2, 3 or 5 of the SSCBA, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the applicant’s family.E+W
(2) If the applicant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006(36), any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the applicant’s family.
Commencement Information
I52Sch. 9 para. 53 in force at 28.11.2013, see reg. 1(2)
54. Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.E+W
Commencement Information
I53Sch. 9 para. 54 in force at 28.11.2013, see reg. 1(2)
55. In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983(37) (pensions to surviving spouses and surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.E+W
Commencement Information
I54Sch. 9 para. 55 in force at 28.11.2013, see reg. 1(2)
56.—(1) Any payment which is—E+W
(a)made under any of the Dispensing Instruments to a widow, widower or surviving civil partner 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 31 March 1973; and
(b)equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006.
(2) In this paragraph “the Dispensing Instruments” (“yr Offerynnau Dosbarthu”) means the Order in Council of 19 December 1881, the Royal Warrant of 27 October 1884 and the Order by His Majesty of 14 January 1922 (exceptional grants of pay, non-effective pay and allowances).
Commencement Information
I55Sch. 9 para. 56 in force at 28.11.2013, see reg. 1(2)
57. Any reduction under an authority’s scheme to which the applicant is entitled.E+W
Commencement Information
I56Sch. 9 para. 57 in force at 28.11.2013, see reg. 1(2)
58. Except in a case which falls under sub-paragraph (1) of paragraph 18 of Schedule 8, where the applicant is a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £17.10.E+W
Commencement Information
I57Sch. 9 para. 58 in force at 28.11.2013, see reg. 1(2)
[F1559. Any payment made—E+W
(a)as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013;
(b)under sections 12A to 12D of the National Health Service Act 2006(direct payments for health care);
(c)under regulations made under section 57 of the Health and Social Care Act 2001(direct payments);
(d)under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments); or
(e)under regulations made under section 33 of the Care Act 2014 (direct payments).]
Textual Amendments
F15Sch. 9 para. 59 substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 12(e)
60.—(1) Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under the self-employment route, any payment to that person—E+W
(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) is to apply only in respect of payments which are paid to that person from the special account.
Commencement Information
I58Sch. 9 para. 60 in force at 28.11.2013, see reg. 1(2)
61.—(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).E+W
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the applicant or where the applicant is a member of a family, any other member of the applicant’s family, or any council tax or water charges for which that applicant or member is liable.
(3) For the purposes of sub-paragraph (2) “food” (“bwyd”) 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.
Commencement Information
I59Sch. 9 para. 61 in force at 28.11.2013, see reg. 1(2)
62. Where the amount of subsistence allowance paid to a person in a reduction week exceeds the amount of income-based jobseeker’s allowance that person would have received in that reduction week had it been payable to that person, less 50p, that excess amount.E+W
Commencement Information
I60Sch. 9 para. 62 in force at 28.11.2013, see reg. 1(2)
63. In the case of an applicant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the applicant, being a fee, grant, loan or otherwise.E+W
Commencement Information
I61Sch. 9 para. 63 in force at 28.11.2013, see reg. 1(2)
64. Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001(38).E+W
Commencement Information
I62Sch. 9 para. 64 in force at 28.11.2013, see reg. 1(2)
65. Any payment made by a local authority or by the Welsh Ministers, to or on behalf of the applicant or the applicant’s partner relating to a service which is provided to develop or sustain the capacity of the applicant or the applicant’s partner to live independently in the applicant’s accommodation.E+W
Commencement Information
I63Sch. 9 para. 65 in force at 28.11.2013, see reg. 1(2)
66. Any payment of child benefit.E+W
Commencement Information
I64Sch. 9 para. 66 in force at 28.11.2013, see reg. 1(2)
[F1667. Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(h) or 65 of Schedule 10.]E+W
Textual Amendments
F16Sch. 9 para. 67 inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2019 (S.I. 2019/11), regs. 1(1), 9(b)