SCHEDULE 4SCapital disregards

PART 1SCapital to be disregarded

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 [F1—

(i)an official error,

(ii)an error on a point of law made by an officer of the Department of Work and Pensions, or

(iii)any error made by a member of staff of the Scottish Administration involved in the administration of social security benefits to which no person outside the Scottish Government or the Department for Work and Pensions materially contributed,]

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;

[F2(aa)bereavement support payment under section 30 of the Pensions Act 2014;]

(b)child tax credit;

(c)council tax benefit;

(d)disability living allowance;

[F3(da)armed forces independence payment;]

(e)personal independence payment;

[F4(ea)child disability payment,]

[F5(eb)adult disability payment;]

(f)housing benefit;

(g)income-related employment and support allowance;

(h)income support;

(i)income-based jobseeker's allowance;

[F6(ia)maternity allowance under section 35 of the 1992 Act,]

(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; F7...

(n)any discretionary housing payment paid pursuant to [F8regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 or] [F9Part 5 of the Social Security (Scotland) Act 2018] [F10; F11...

(o)any social fund payment made pursuant to Part 8 of the 1992 Act][F12; F13...

(p)universal credit][F14; F15...

(q)carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018]; [F16or

(r)any Scottish child payment assistance given in accordance with section 79 of that Act.]

Textual Amendments

F1Sch. 4 para. 21(1)(d)(i)-(iii) substituted for words (28.11.2018) by The Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2018 (S.S.I. 2018/295), regs. 1, 7(a)

F7Word 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)

Marginal Citations

M1Section 64 was amended by section 66 of the Welfare Reform and Pensions Act 1999 (c.30).