SCHEDULE 3Sums to be disregarded in the calculation of income other than earnings

11.

(1)

Any payment, other than a payment to which sub-paragraph (2) applies, made to the applicant by trustees in exercise of a discretion exercisable by them.

(2)

This sub-paragraph applies to payments made to the applicant by trustees in exercise of a discretion exercisable by them for the purpose of—

(a)

obtaining food, ordinary clothing or footwear or household fuel;

(b)

the payment of rent, council tax or water charges for which that applicant or the applicant's partner is liable; and

(c)

meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations 2002 M1.

(3)

In a case to which sub-paragraph (2) applies, £20 or—

(a)

if the payment is less than £20, the whole payment;

(b)

if, in the applicant's case, £10 is disregarded in accordance with paragraph 1, £10 or the whole payment if it is less than £10; or

(c)

if, in the applicant's case, £15 is disregarded under paragraph 6 or 7 and—

(i)

the applicant has no disregard under paragraph 1, £5 or the whole payment if it is less than £5; or

(ii)

the applicant has a disregard under paragraph 1, nil.

(4)

In this paragraph—

(a)

“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms or clothing and footwear used solely for sporting activities; and

(b)

“water charges” means—

(i)

any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002 M2, in so far as such charges are in respect of the dwelling which the applicant occupies as a home; or

(ii)

any water and sewerage charges under chapter 1 of Part 5 of the Water Industry Act 1991 M3.