PART 2DETERMINATIONS IN RESPECT OF AN INDIVIDUAL'S FINANCIAL RESOURCES

CHAPTER 3CALCULATION OF INCOME AND CAPITAL – ADVICE AND ASSISTANCE AND REPRESENTATION (LOWER COURTS)

Disregards from income – certain welfare and other allowances, payments etc.25

In calculating the disposable income of the person concerned, the following payments shall be disregarded—

a

disability living allowance paid under section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”) M1;

b

attendance allowance paid under section 64 of, or paragraph 4(2)(b) of Schedule 8 to, the 1992 Act;

c

constant attendance allowance paid under section 104 of the 1992 Act as an increase to a disablement pension;

d

any payment made out of the social fund under Part 8 of the 1992 Act;

e

carer's allowance paid under section 70 of the 1992 Act;

f

any direct payment made under regulations made under section 8(1) of the Carers and Direct Payments Act (Northern Ireland) 2002 M2;

g

any extra-statutory job grant paid by the Department for Social Development;

h

severe disablement allowance paid under section 68 of the 1992 Act;

i

exceptionally severe disablement allowance paid under Article 15 of the Personal Injuries (Civilian) Scheme 1983 M3;

j

any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 M4;

k

any armed forces independence payment made under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 M5;

l

to the extent that it exceeds the relevant figure referred to in regulation 27(1)(b), any financial support paid under any agreement for the care of a foster child;

m

any payment made out of the Independent Living Fund (2006).