The Employment and Support Allowance Regulations 2008

11.—(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of— E+W+S

(a) any payment specified in paragraph [F1 [F2 8, 10, 11, 66, [F3 72, 73 or 74]] of Schedule 8] (other income to be disregarded);

(b) an income-related allowance, an income-related benefit or an income-based jobseeker's allowance[F4 , universal credit], child tax credit or working tax credit;

(c) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,

[F5 (d) bereavement support payment under section 30 of the Pensions Act 2014,]

[F6 (e) maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner),]

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

(2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances, amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

[F7 (a) paid in order to rectify, or to compensate for—

(i) an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or

(ii) an error on a point of law; and]

(b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) is to have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-related allowance, for the remainder of that award if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the award of an income-related allowance” means—

(a) the award either of an income-related allowance, income support[F8 , universal credit] or of an income-based jobseeker's allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received; and

(b) where that award is followed by one or more further awards which in each case may be either of an income-related allowance, income support[F8 , universal credit] or of an income-based jobseeker's allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

(i) is the person who received the relevant sum;

(ii) is the partner of the person who received the relevant sum, or was that person's partner at the date of that person's death; F9 ...

(iii) in the case of a joint-claim jobseeker's allowance, is a joint-claim couple either member or both members of which received the relevant sum[F10 ; or]

[F10 (iv) in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum]

Textual Amendments

F1 Words in Sch. 9 para. 11(1)(a) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Information-Sharing and Scottish Child Payment) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/482), art. 8(3)

F2 Words in Sch. 9 para. 11(1)(a) substituted (9.11.2020) by The Social Security (Scotland) Act 2018 (Young Carer Grants, Short-Term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/989), arts. 1(2), 14(3)

F3 Words in Sch. 9 para. 11(1)(a) substituted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/886), arts. 1(2), 16(3)

F4 Words in Sch. 9 para. 11(1)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 37(9)(a)

F5 Sch. 9 para. 11(1)(d) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 31(5)(a)

F6 Sch. 9 para. 11(1)(e) inserted (31.10.2019) by The Social Security (Capital Disregards) (Amendment) Regulations 2019 (S.I. 2019/1314), regs. 1, 7(2)(b)

F7 Sch. 9 para. 11(2)(a) substituted (11.9.2018) by The Social Security (Treatment of Arrears of Benefit) Regulations 2018 (S.I. 2018/932), regs. 1, 7(2)

F8 Words in Sch. 9 para. 11(3)(a)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 37(9)(b)

F9 Word in Sch. 9 para. 11(3)(b) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 37(9)(c)

F10 Sch. 9 para. 11(3)(b)(iv) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 37(9)(c)