21.—(1) Subject to paragraph 22 any amount paid—S
(a)by way of arrears of benefit;
(b)by way of compensation for the late payment of benefit;
(c)in lieu of the payment of benefit; or
(d)to rectify, or compensate for, an official error,
being an amount to which that paragraph does not apply.
(2) In sub-paragraph (1) “benefit” means—
(a)attendance allowance under section 64 of the 1992 Act M1;
(b)child tax credit;
(c)council tax benefit;
(d)disability living allowance;
[F1(da)armed forces independence payment;]
(e)personal independence payment;
(f)housing benefit;
(g)income-related employment and support allowance;
(h)income support;
(i)income-based jobseeker's allowance;
(j)state pension credit;
(k)working tax credit;
(l)an increase of a disablement pension under section 104 of the 1992 Act (increase where constant attendance is needed), and any further increase of such a pension under section 105 of the 1992 Act (increase for exceptionally severe disablement);
(m)any amount included on account of the applicant's exceptionally severe disablement or need for constant attendance in a war disablement pension, war widow's pension or war widower's pension; F2...
(n)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 M2 [F3; or
(o)any social fund payment made pursuant to Part 8 of the 1992 Act.]
Textual Amendments
F1Sch. 4 para. 21(2)(da) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 12(9)
F2Word in sch. 4 para. 21(2)(m) omitted (1.4.2015) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 22(a)(i)
F3Sch. 4 para. 21(2)(o) and word inserted (1.4.2015) by The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 22(a)(ii)
Marginal Citations
M1Section 64 was amended by section 66 of the Welfare Reform and Pensions Act 1999 (c.30).
M2S.I. 2001/1167, to which there are amendments not relevant to these Regulations.