PART 7THE BENEFIT CAP
Exceptions - entitlement or receipt of certain benefits83
1
The benefit cap does not apply in relation to any assessment period where—
a
the LCWRA element is included in the award of universal credit or the claimant is receiving an employment and support allowance that includes the support component;
b
the carer element is included in the award of universal credit;
c
a claimant is receiving industrial injuries benefit;
d
a claimant is receiving attendance allowance;
e
a claimant is receiving a war pension;
f
a claimant is receiving a payment under Article 15(1)(c) or 29(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 M1;
g
a claimant, or a child or qualifying young person for whom a claimant is responsible, is receiving disability living allowance;
h
a claimant, or a qualifying young person for whom a claimant is responsible, is receiving personal independence payment;
i
a claimant, or a child or qualifying young person for whom a claimant is responsible, is entitled to a payment listed in F2sub-paragraphs (c) to (h) F6, (ia) and (ib) but—
i
is not receiving it by virtue of regulation 6 (hospitalisation) or regulation 7 (persons in care homes) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 M2,
ii
it is being withheld by virtue of Article 53 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 M3 (maintenance in a hospital or institution),
iii
iv
in the case of personal independence payment, is not receiving it by virtue of regulations under Article 90 (care home residents) or 91 (hospital in-patients) of the Order;
F8iva
in the case of adult disability payment, is not receiving it by virtue of regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component) or 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, or
F4v
is not receiving it by virtue of regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the DACYP Regulations;
F3ia
a claimant, or a child or qualifying young person for whom a claimant is responsible, is receiving child disability payment;
F5ib
a claimant, or qualifying young person for whom a claimant is responsible, is receiving adult disability payment;
j
a claimantF1, or a qualifying young person for whom a claimant is responsible, is entitled to a carer's allowance;
F9ja
a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer support payment;
k
a claimant is entitled to guardian's allowance under section 77 of the Contributions and Benefits Act.
2
For the purposes of this regulation “war pension” means—
a
any pension or allowance payable under any of the instruments listed in section 639(2) of the ITEPA Act—
i
to a widow, widower or a surviving civil partner, or
ii
in respect of disablement;
b
a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under a statutory provision to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of Her Majesty's forces;
c
a payment which is made under any of—
i
the Order in Council of 19th December 1881,
ii
the Royal Warrant of 27th October 1884, or
iii
the Order by His Majesty of 14th January 1922,
to a widow, widower or surviving civil partner of a person whose death was attributable to service in a capacity analogous to service as a member of Her Majesty's forces and whose service in such capacity terminated before 31st March 1973;
d
a pension paid by the government of a country outside the United Kingdom which is analogous to any of the pensions, allowances or payments mentioned in sub-paragraphs (a) to (c).