C3C3C5SCHEDULE 10CAPITAL TO BE DISREGARDED
Sch. 10 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)
I11
The dwelling occupied as the home but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.
I22
Any premises acquired for occupation by the claimant which he intends to occupy F10as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.
I33
Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.
I44
Any premises occupied in whole or in part by—
a
b
the former partner of a claimant F8... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.
F465
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted in subsisting lease or tenancy, including sub-leases or sub-tenancies,
I5C16
1
The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
F212
The assets of any business owned in whole or in part by the claimant where–
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business;
for a period of 26 weeks from the date on which the claim for income support is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
F583
In the case of a person who is receiving assistance under F67the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.
4
In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
I67
C4F821
Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—
a
b
an income-related benefit or F49an income-based jobseeker’s allowance, supplementary benefit, family income supplement under the Family Income Supplements Act 1970F87, working families' tax credit under section 128 of the Contributions and Benefits Act, disabled person’s tax credit under section 129 of that Act, child tax credit, working tax credit, F1 or housing benefit under Part II of the Social Security and Housing Benefits Act 1982;
c
F50any earnings top-up,
F75d
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
F832
In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—
a
paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, and
b
received by the claimant in full on or after 14th October 2001,
sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of income support, for the remainder of that award if that is a longer period.
F833
For the purposes of sub-paragraph (2), “the award of income support” means—
a
the award either of income support or of an income-based jobseeker’s allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and
b
where that award is followed by one or more further awards which in each case may be either of income support or of an income-based jobseeker’s allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—
i
is the person who received the relevant sum, or
ii
is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or
iii
in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.
I78
Any sum—
a
paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or
b
acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.
I89
Any sum—
a
b
which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.
I910
Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to supplementary benefit or income support or to increase the amount of that benefit.
I1011
The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.
I11F2212
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.
I1213
The value of the right to receive any income under a life interest or from a liferent.
I1314
The value of the right to receive any income which is disregarded under paragraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income to be disregarded).
I1415
The surrender value of any policy of life insurance.
I1516
Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
I1617
Except in the case of a person to whom section 23 of the Act (trade disputes) applies F6or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work), F14any payment made by a local authority F76in accordance with F77section 17, 23B, 23C or 24A of the Children Act 1989or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).
I17F2918
Any social fund payment made pursuant to Part III of the Act.
I1819
Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982 F4 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.
I1920
Any capital which under F18regulation 41, 44(1) or 66A (capital treated as income, modifications in respect of children and young persons or treatment of student loans) is to be treated as income.
I2021
Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
F2522
1
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia F31or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia F32or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
a
the person who is suffering from haemophilia F33or who is a qualifying person;
b
any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia F34or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
a
that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and
b
the payment is made either—
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a young person or a F65full-time student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered from haemophilia F34or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
a
that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and
b
the payment is made either—
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young person or a F66full-time student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.
F357
For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund F41and the Eileen Trust.
F523
The value of the right to receive an occupational F26or personal pension.
F4523A
The value of any funds held under a personal pension scheme or retirement annuity contract.
F524
The value of the right to receive any rent F47except where the claimant has a reversionary interest in the property in respect of which rent is due.
F725
Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwellingF86or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied.
F726
Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
F1327
Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
F728
Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.
F929
F930
F42£200 of any payment, or, if the payment is less than £200, the whole of any payment made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) F23or section 2 of the Enterprise and New Towns (Scotland) Act 1990 as a training bonus to a person participating in arrangements for training made under that section F24of the 1973 Act.
F931
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
F1232
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
F1233
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
F1234
Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
F3635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1636
Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) F37or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.
F1737
Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—
a
to purchase premises intended for occupation as his home; or
b
to carry out repairs or alterations which are required to render premises fit for occupation as his home
for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.
F1938
1
Any payment or repayment made–
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);
but only for a period of 52 weeks from the date of receipt of the payment or repayment.
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of receipt of the payment or repayment.
F1939
Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.
F1940
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.
F1941
Any arrears of special war widows payment which is disregarded under paragraph 47 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) F44or of any amount which is disregarded under paragraph 54, 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.
F2742
Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
F2743
Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.
F4344
Any sum of capital administered on behalf of a person F56... by the High Court F90or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, where such sum derives from—
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents F52where the person concerned is under the age of 18.
45
Any sum of capital administered on behalf of a person F55... in accordance with an order made under F91section 13 of the Children (Scotland) Act 1995, or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules, where such sum derives from—
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents F53where the person concerned is under the age of 18.
F4846
Any payment to the claimant as holder of the Victoria Cross or George Cross.
F5147
Any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit), but only for a period of 52 weeks from the date that such an amount is received.
F5148
Any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations 1987 (entitlement of a refugee to housing benefit), but only for a period of 52 weeks from the date that such an amount is received.
F5149
Any amount of income support to which a person is entitled by virtue of F64regulation 21ZB above (treatment of refugees), but only for a period of 52 weeks from the date that such an amount is received.
F7250
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in—
a
the self-employment route;
b
an employment programme specified in—
i
regulation 75(1)(a)(ii)(bb) of F84the Jobseeker’s Allowance Regulations 1996 (Voluntary Sector Option of the New Deal);
ii
regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal) or;
c
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus,
but only for a period of 52 weeks from the date of receipt of the payment.
F8050A
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in a training scheme specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996 (Full-Time Education and Training Option of the New Deal) but only for the period of 52 weeks from the date of receipt of the payment.
F5451
Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996 but only for a period of 52 weeks from the date of receipt of the payment.
C2F5752
In the case of a person who is receiving, or who has received, assistance under F68the self-employment route, any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.
F5953
Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996 but only for the period of 52 weeks from the date of receipt of that payment.
F6056
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) F79..., of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2)—
“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
F6157
In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, the amount of any—
a
back to work bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 1995 or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995; or
b
child maintenance bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 10 of the Child Support Act 1995 or a corresponding payment under article 4 of the Child Support (Northern Ireland) Order 1995,
which is paid during the period specified in regulation 6(3).
F7357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6258
In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.
F6259
Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.
F6360
Any payment made to a person under regulation 11 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000, but only for a period of 52 weeks from the date of payment.
F6961
Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—
a
the claimant;
b
the claimant’s partner;
c
the claimant’s deceased spouse; or
d
the claimant’s partner’s deceased spouse,
by the Japanese during the Second World War, £10,000.
F7062
In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, the whole of his capital.
F7163
Any education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc.) which is payable as a termly bonus or as an achievement bonus at the end of an academic term but only for the period of 52 weeks from the date of receipt of that allowance.
F7464
1
Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is—
a
a diagnosed person;
b
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
c
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
d
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.
2
Where a trust payment is made to—
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending—
i
two years after that date; or
ii
on the day before the day on which that person—
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
3
Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made, or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant’s family who is—
a
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
b
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
c
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
4
Where a payment as referred to in sub-paragraph (3) is made to—
a
a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending—
i
two years after that date; or
ii
on the day before the day on which that person—
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
5
In this paragraph, a reference to a person—
a
being the diagnosed person’s partner;
b
being a member of the diagnosed person’s family; or
c
acting in the place of the diagnosed person’s parents,
at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.
6
In this paragraph—
“diagnosed person" means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“relevant trust" means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment" means a payment under a relevant trust.
F7865
The amount of a payment, other than a war pension within the meaning in section 25 of the Social Security Act 1989, to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or the claimant’s partner’s deceased spouse—
a
was a slave labourer or a forced labourer;
b
had suffered property loss or had suffered personal injury; or
c
was a parent of a child who had died,
during the Second World War.
F8566
F891
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
F8867
Any payment made under the Community Care (Direct Payments) Act 1996, regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968.
68
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
69
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.
F9270
Any payment made to a claimant’s partner in respect of the partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
Sch. 10 paras. 54, 55 modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 17(1)(2)(e) (with regs. 1(2), 11, 19)