The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the appropriate places insert—

““child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020(2);”;

(b) in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3) In regulation 42(4ZB) (notional income), for “a payment of income which is a Grenfell Tower payment” substitute—

“any of the following payments of income—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.”.

(4) In regulation 48(10) (income treated as capital)—

(a) omit “or” at the end of sub-paragraph (ab);

(b) after sub-paragraph (ab) insert—

“(ac) which is a child abuse payment;

(ad) which is a Windrush payment; or”.

(5) In regulation 51(3B) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

“any of the following payments of capital—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment.”.

(6) In paragraph 18(8)(b) (non-dependant deductions) of Schedule 3 (housing costs), after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 21(2), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b) in paragraph 39—

(i) for sub-paragraph (1A) substitute—

“(1A) Any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.”;

(ii) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8) In Schedule 10 (capital to be disregarded)—

(a) in paragraph 22—

(i) in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(ii) in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b) in paragraph 29, after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment”.

(1)

S. I. 1987/1967. Relevant amending instrument is S.I. 2020/618.

(2)

2020 c. 8.