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

Amendment of the Employment and Support Allowance Regulations 2008

7.—(1) The Employment and Support Allowance Regulations 2008(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;”;

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

(3) In regulation 107(5A) (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) For regulation 112(8)(b) (income treated as capital), substitute—

“(b) any—

(i) Grenfell Tower payment;

(ii) child abuse payment;

(iii) Windrush payment.”.

(5) In regulation 115(5A) (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 19(8)(b) (non-dependant deductions) of Schedule 6 (housing costs), after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment”.

(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 22(2), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b) in paragraph 41—

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

“(1A) Any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.”.

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

(8) In Schedule 9 (capital to be disregarded)—

(a) in paragraph 27—

(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 31, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(1)

S.I. 2008/794. Relevant amendment made by S.I. 2020/618.