SCHEDULE 6SUMS DISREGARDED FROM CLAIMANT'S EARNINGS

4.

(1)

£20 is disregarded if the claimant or, if he has a partner, his partner –

(a)

is in receipt of –

(i)

long-term incapacity benefit under section 30A of the Contributions and Benefits Act105;

(ii)

severe disablement allowance under section 68 of that Act;

(iii)

attendance allowance;

(iv)

disability living allowance under section 71 to 76 of that Act;

(v)

any mobility supplement under Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983106 (including such a supplement by virtue of any other scheme or order) or under Article 25A of the Personal Injuries (Civilians) Scheme 1983107;

(vi)

the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002108, or

(b)

is or are registered as blind in a register compiled by a Health and Social Services Board established under Article 16 of the 1972 Order.

(2)

Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit, had an award of income support or income-based jobseeker’s allowance and –

(a)

£20 was disregarded in respect of earnings taken into account in that award;

(b)

the person whose earnings qualified for the disregard continues in employment after the termination of that award.

(3)

Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner, immediately before attaining pensionable age –

(a)

had an award of state pension credit, and

(b)

a disregard under paragraph 4(1)(a)(i) or (ii) was taken into account in determining that award.

(4)

The disregard of £20 specified in sub-paragraphs (2) and (3) applies so long as there is no break, other than a break which does not exceed 8 weeks –

(a)

in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded, or

(b)

in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.