28. In Schedule 3–
(a)for paragraph 5(1) there is substituted–
“5. Any disability living allowance.”;
(b)for sub-paragraph (b) of paragraph 6 there is substituted–
“(b)income support;
(c)mobility allowance under section 37A of the Social Security Act 1975.”(2);
(c)in paragraph 13(3)
(i)in sub-paragraph (2), for the words from “household fuel” to the end there are substituted the words “household fuel or rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable.”;
(ii)for sub-paragraph (5) there is substituted–
“(5) for the purposes of sub-paragraph (2),
(a)the expression “ordinary clothing or footwear” has the same meaning as in regulation 28(8); and
(b)“rent” means eligible rent to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, less any deductions in respect of non-dependents which fall to be made under regulation 63 of those Regulations.”;
(d)for sub-paragraph (b) of paragraph 14 there is substituted–
“(b)a pension paid by the government of a country outside Great Britain which is either–
(i)analogous to a war disablement pension; or
(ii)analogous to a war widow’s pension;”;
(e)in paragraph 15–
(i)in sub-paragraph (2)(b), for the words “or community water charge under the Abolition of Domestic Rates (Scotland) Act 1987(4),” there are substituted the words “council tax, or water charges”;
(ii)after sub-paragraph (2) there is inserted–
“(3) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) of this paragraph in respect of the dwelling or buildings 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.””;
(f)in paragraph 20, for “£7.35” in sub-paragraph (b) there is substituted “£8.60”;
(g)in paragraph 23, for paragraphs (a) and (b) in sub-paragraph (1) there are substituted the following paragraphs respectively–
“(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 payments of allowances to adopters);
(b)which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or, as the case may be, section 50 of the Children Act 1975 (payment towards maintenance of children);”(4);
(h)for paragraph 24 there is substituted–
“24. Any payment made by a local authority to the relevant person with whom a person is accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 or, as the case may be, section 21 of the Social Work (Scotland) Act 1968 or by a voluntary organisation under section 59(1)(a) of the Children Act 1989 or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 (provision of accommodation and mainte nance for children by local authorities and voluntary organisations).”(5);
(i)for paragraph 26 there is substituted–
“26. Any payment made by a local authority in 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 (provision of services for children and their families and advice and assistance to certain children).”;
(j)paragraph 27 is omitted;
(k)for paragraph 31 there is substituted–
“31. Any payment under section 148 of the 1992 Act (pensioners' Christmas bonus).”;
(l)for paragraph 14 there is substituted–
“34.—(1) Any payment made under any of the Macfarlane Trusts, the Independent Living Fund or the Fund.
(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 any of the Macfarlane Trusts or the Fund 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 relevant person’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 relevant person’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, which derives from a payment made under any of the Macfarlane Trusts or the Fund 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 relevant person’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 relevant person’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 any of the Macfarlane Trusts or the Fund, 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 or who was a qualifying person, which derives from a payment under any of the Macfarlane Trusts or the Fund, 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 Macfarlane Trusts or the Fund.”;
(m)at the end of paragraph 40 there are added the words “or reduction of council tax either under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).”(6);
(n)the following paragraphs are added after paragraph 46(7)
“47.—(1) Where a relevant person’s applicable amount includes an amount by way of the family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by–
(a)the relevant person’s former partner, or the relevant person’s partner’s former partner; or
(b)the parent of a child or young person where that child or young person is a member of the relevant person’s family except where that parent is the relevant person or the relevant person’s partner.
(2) For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
48. 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.
49. 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 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.
50. Any guardian’s allowance under Part III of the 1992 Act.
51. Any council tax benefit.”(8).
Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60).
Paragraph 13 was amended by S.I. 1991/897.
1976 c. 36; section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989; 1978 c. 28; 1989 c. 41; 1975 c. 72.
1968 c. 49; S.I. 1985/1799.
Paragraph 46 was inserted by S.I. 1991/897.
1944 c. 10; 1973 c. 50, section 2 of which was substituted by section 25(1) of the Employment Act 1988 (c. 19).