The Employment and Support Allowance Regulations 2008

17.  Subject to paragraphs 39 and 40, £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 10 or 11);

(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;

[F1 (d) in paragraph 17(d), after “payment” insert “and, if the amount of that payment has been abated to less than £10 by a [F2 pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005], so much of [F3 that pension or payment] as would not, in aggregate with the amount of [F4 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;

[F5 (g) a pension paid by a government to victims of National Socialist persecution;]

(h) any widowed mother's allowance paid pursuant to section 37 of the Contributions and Benefits Act;

(i) any widowed parent's allowance paid pursuant to section 39A of the Contributions and Benefits Act F6 .

Textual Amendments

F1 Words in Sch. 8 para. 17(d) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 11(3)(a)

F2 Words in Sch. 8 para. 17(d) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(d), 11(19)(b)(i)

F3 Words in Sch. 8 para. 17(d) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(d), 11(19)(b)(ii)

F4 Word in Sch. 8 para. 17(d) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(d), 11(19)(b)(iii)

F5 Sch. 8 para. 17(g) substituted (20.3.2017) by The Social Security (Income-Related Benefits) Amendment Regulations 2017 (S.I. 2017/174), regs. 1, 7

F6 Section 39A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 55(2).