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The Employment and Support Allowance Regulations 2008
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- UK Statutory Instruments
- 2008 No. 794
- SCHEDULE 8
- Paragraph 22
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22.—(1) Subject to sub-paragraphs (2) and (3), except where regulation 104(8)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or regulation 107(3)(a) (notional income) applies, any income in kind;E+W+S
(2) The exception under sub-paragraph (1) will not apply where the income in kind [F1is a Grenfell Tower payment[F2, a child abuse payment or a Windrush payment] or] is received from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust[F3, MFET Limited][F4, the Skipton Fund, the Caxton Foundation][F5, the Scottish Infected Blood Support Scheme][F6, an approved blood scheme][F7, the London Emergencies Trust, the We Love Manchester Emergency Fund[F8, the National Emergencies Trust]] or [F9the Independent Living Fund (2006)].
(3) The first exception under sub-paragraph (1) will not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and the claimant's dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
(4) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
Textual Amendments
F1Words in Sch. 8 para. 22(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 7(11)(a)(i)
F2Words in Sch. 8 para. 22(2) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 7(7)(a)
F3Words in Sch. 8 para. 22(2) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 12(3)(f)
F4Words in Sch. 8 para. 22(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(8)
F5Words in Sch. 8 para. 22(2) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 8(3)(e)
F6Words in Sch. 8 para. 22(2) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 8(3)(e)
F7Words in Sch. 8 para. 22(2) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 8(3)(e)
F8Words in Sch. 8 para. 22(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 7(11)(a)(ii)
F9Words in Sch. 8 para. 22(2) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 18(b)
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