C1C2SCHEDULE 9SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
Sch. 9 applied (with modifications) (1.10.2007) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment No.2) Regulations 2007 (S.I. 2007/2590), regs. 1(1), 2(2))
I11
Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).
F1861A
Any payment in respect of any travel of other expenses incurred, or to be incurred, by the claimant in respect of that claimant’s participation in F194a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 or the Mandatory Work Activity Scheme.
I22
Any payment in respect of any expenses incurredF71, or to be incurred, by a claimant who is—
a
engaged by a charitable or F38voluntary organisation; or
b
a volunteer,
if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 42 (6) (notional income).
F1702A
Any payment in respect of expenses arising out of the F207claimant participating as a service user.
I33
In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.
I44
In the case of a payment F141under Parts 11 toF8112ZB F252or under Part 12ZD of the Contributions and Benefits Act or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity F82or who is taking paternity leave F209, adoption leave F253, shared parental leave or parental bereavement leave—
a
any amount deducted by way of primary Class 1 contributions under the Social Security Act;
b
one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.
F14A
In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 F83, statutory maternity pay under Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or a payment under any enactment having effect in Northern Ireland corresponding to a payment of F217F193... statutory paternity payF210, statutory adoption pay or statutory shared parental pay —
a
any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975;
b
one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.
F1505
Any housing benefit to which the claimant is entitled.
F855A
Any guardian’s allowance.
F1005B
–
1
Any child tax credit.
2
Any child benefit.
F1813
Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Contributions and Benefits Act where—
a
the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income support, and
b
the claimant, or that claimant’s partner, has been awarded a child tax credit.
F1495C
1
£1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
2
65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
3
This paragraph does not apply to a claimant in relation to whom regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 have effect.
4
In this paragraph—
“child” and “qualifying young person” have the meanings given in section 142 of the Contributions and Benefits Act;
“treated as responsible” is to be construed in accordance with section 143 of that Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.
I56
I67
Any concessionary payment made to compensate for the non-payment of—
F152b
income support;
c
an income-based jobseeker’s allowance; F203...
d
an income-related employment and support allowanceF204; or
e
universal credit.
I78
Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.
F249
F339A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I810
Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.
F10411
1
Any payment—
a
by way of an education maintenance allowance made pursuant to—
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
b
corresponding to such an education maintenance allowance, made pursuant to—
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that ActF187; or
c
in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
F154c
directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance F188or other payment made pursuant to any provision specified in sub-paragraph (1).
F7911A
Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.
F5812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9013
1
Any payment made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc.) except a payment—
a
made as a substitute for income support, a jobseeker’s allowance, incapacity benefit F144, severe disablement allowance or an employment and support allowance;
b
of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;
c
intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or
d
made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.
2
The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) 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), 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 this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
F4114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I9F915
F1301
Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.
F1322
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F131Sub-paragraph (1) shall not apply—
a
to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;
b
in the case of a person to whom section 23 of the Act (trade disputes) applies or 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).
F1324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F805A
In this paragraph, “relevant payment” means—
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
d
a payment under an annuity purchased—
i
pursuant to any agreement or court order to make payments to the claimant; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the claimant; or
e
a payment (not falling within sub-paragraphs (a) to (d) above) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
F746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13315A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8915B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4316
Subject to paragraphs 36 and 37, £10 of any of the following, namely—
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);
b
a war widow’s pension F73or war widower’s pension;
c
a pension payable to a person as a F119widow, widower or surviving civil partner under F155... any power of Her Majesty otherwise than under an enactment 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 the armed forces of the Crown;
F109cc
a guaranteed income payment F156and, if the amount of that payment has been abated to less than £10 by a F171pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of F172that pension or payment as would not, in aggregate with F173any amount of the guaranteed income payment disregarded, exceed £10;
d
a payment made to compensate for the non-payment of such a pension F110or payment as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the F111pensions or payments mentioned in sub-paragraphs (a) to (cc) above;
F221f
a pension paid by a government to victims of National Socialist persecution;
F69g
any widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act;
h
any widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act.
I1017
Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—
a
that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;
b
that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
c
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 F249or, if it was higher at that time, pensionable age;
d
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
e
that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,
the amount, calculated on a weekly basis equal to—
F37i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
ii
in any other case the interest which is payable on the loan without deduction of such a sum.
F3918
Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 20 refers.
I25F3419
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by F40another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—
F139a
where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or
b
where the aggregate of any such payments is £20 or more per week, £20.
I24F3520
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.
I11F221
1
F60Subject to sub-paragraphs (2) and (3), except where F61regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;
2
The exception under sub-paragraph (1) shall not apply where the income in kind F254is a Grenfell Tower payment or is received from the Macfarlane Trust F8, the Macfarlane (Special Payments) TrustF12, the Macfarlane (Special Payments) (No. 2) TrustF18, the FundF30, the Eileen TrustF175, MFET LimitedF190, the Skipton Fund, the Caxton FoundationF222, the Scottish Infected Blood Support SchemeF229, an approved blood schemeF226, the London Emergencies Trust, the We Love Manchester Emergency FundF255, the National Emergencies TrustF3or F28the Independent Living F145Fund (2006).
F593
The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
F1134
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
I1222
1
Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 F512 or 25 to 28 of Schedule 10.
2
Income derived from capital disregarded under paragraph 2 F64 or 25 to 28 of Schedule 10 but F26only to the extent of—
a
any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
b
any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.
F273
The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.
I1323
Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.
I1424
Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
I1525
1
Any payment made to the claimant in respect of a child or young person who is a member of his family—
F72a
F127pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance with a scheme approved by the F158Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adopters) F185or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);
F174ba
which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);
c
which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a F206child arrangements order);
d
which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);
F105e
in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);
F102to the extent specified in sub-paragraph (2).
F1281A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
2
F103In the case of a child or young person—
a
to whom regulation 44 (5) (capital in excess of £3,000) applies, the whole payment;
b
to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.
F10125A
In the case of a claimant who has a child or young person–
a
who is a member of his family, and
b
who is residing at an educational establishment at which he is receiving relevant education,
any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.
I16F18226
Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—
a
by a local authority under—
F233i
section 22C(2) of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained),
F232ia
section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),
ii
section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or
iii
regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or
b
by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).
F4927
Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—
a
a health authority;
b
a local authority F112but excluding payments of housing benefit made in respect of the person concerned;
c
a voluntary organisation; or
d
the person concerned pursuant to section 26(3A) of the National Assistance Act 1948;F160 ...
F211dza
the person concerned where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);
F234dzb
the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);
F195da
a clinical commissioning group established under section 14D of the National Health Service Act 2006;
F195db
the National Health Service Commissioning Board; or
F196e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F159f
a Local Health Board established under section 16BA of the National Health Service Act 1977 or established by an order made under section 11 of the Health Service (Wales) Act.
F24127A
Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).
F14028
1
Any payment made by a local authority in accordance with—
a
section 17, 23B, 23C or 24A of the Children Act 1989,
b
section 12 of the Social Work (Scotland) Act 1968, F235...
d
the following sections of the Social Services and Well-being (Wales) Act 2014—
aa
section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or
bb
section 109, 110, 114 or 115.
2
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section F18422 orF219, 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) to a person (“A”) which A passes on to the claimant.
3
Sub-paragraphs (1) and (2) are subject to the following provisions.
4
Neither of those sub-paragraphs applies where the claimant is a person—
a
to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
b
in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).
5
Sub-paragraph (2) applies only where A—
a
was formerly in the claimant’s care, and
F220b
is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and
c
continues to live with the claimant.
F24229
Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.
F4230
1
Except where paragraph 29 F52or 30ZA applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—
a
any payment due on a loan if secured on the dwelling occupied as the home which does not qualify F243under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations;
F244b
any charge which qualifies in accordance with paragraph 17 of Schedule 3 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);
c
any payment due on a loan which qualifies F245under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations attributable to the payment or capital;
d
any amount due by way of premiums on—
i
F44an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above; or
ii
a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.
e
his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge F75exceeds the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 F212or Part 1 of the Care Act 2014 (care and support)F237or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act.
2
This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).
F2463
In this paragraph—
a
“Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations 2017;
b
“loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.
F5030ZA
1
Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 29, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
2
A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—
a
maintain the repayments referred to in sub-paragraph (1); and
b
meet any amount due by way of premiums on that policy.
F3230A
1
Subject to sub-paragraphs (2) and (3), in the case of a claimant F115residing in a care home, an Abbeyfield Home or an independent hospital, any payment, F136except a charitable or voluntary payment disregarded under paragraph 15F134..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home F118or hospital.
2
This paragraph shall not apply to a claimant for whom accommodation in a F116care home, an Abbeyfield Home or an independent hospital is provided by
b
a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support)F238or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult).
3
The amount to be disregarded under this paragraph shall not exceed the difference between—
F77a
the claimant’s applicable amount; and
b
the weekly charge for the accommodation.
I17F1731
Any social fund payment made pursuant to F161Part 8 of the Contributions and Benefits Act.
F19831A
Any local welfare provision.
I1832
Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.
I1933
Any payment under F162Part 10 of the Contributions and Benefits Act (pensioner's Christmas bonus).
I2034
In the case of a person to whom section 23 of the Act (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of subsection 6 of that section made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polyamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.
I2135
Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.
I2236
The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 23 (3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63 (2) (b) and 64 (1) (c) (calculation of covenant income where a contribution assessed)F10, regulation 66A(2) (treatment of student loans)F65, regulation 66B(3) (treatment of payments from access funds) and F135paragraph 16 shall in no case exceed F45£20 per week.
I2337
Notwithstanding paragraph 36 where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31 (1) (b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.
F12938
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1339
1
Any payment made under F178or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), F19the FundF31, the Eileen TrustF176, MFET LimitedF191, the Skipton Fund, the Caxton FoundationF223, the Scottish Infected Blood Support SchemeF230, an approved blood schemeF227, the London Emergencies Trust, the We Love Manchester Emergency FundF257, the National Emergencies Trust or F29the Independent Living F146Fund (2006).
F2561A
Any Grenfell Tower payment.
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia F19or who is or was a qualifying person, which derives from a payment made under F178or by any of the Trusts to which sub-paragraph (1) refers F261, or from a Grenfell Tower payment, 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 F120or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death;
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 F20or 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 F121or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives a payment made under F178or by any of the Trusts to which sub-paragraph (1) refers F262, or from a Grenfell Tower payment, and which is made to or fro the benefit of—
a
the person who is suffering from haemophilia F21or 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 F22or who is a qualifying person, which derives from a payment under F178or by any of the Trusts to which sub-paragraph (1) refers, F260or from a Grenfell Tower payment, where—
a
that person has no partner or former partner from whom he is not estranged or divorced F122or with whom he has formed a civil partnership that has not been dissolved, 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 F63full-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 F22or who was a qualifying person, which derives from a payment under F178or by any of the Trusts to which sub-paragraph (1) refers, F259or from a Grenfell Tower payment, 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 F123or with whom he had formed a civil partnership that had not been dissolved, 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 F64full-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 income which derives from any payment of income or capital made under or deriving from any of the Trusts F263or from a Grenfell Tower payment.
F237
For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund F106, the Eileen Trust F177, MFET LimitedF126, the Skipton FundF192, the Caxton FoundationF224, the Scottish Infected Blood Support SchemeF231, an approved blood schemeF228, the London Emergencies Trust, the We Love Manchester Emergency FundF258, the National Emergencies Trust and the London Bombings Relief Charitable Fund.
F440
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
F14241
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14242
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F743
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.
F2544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14745
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14346
Any payment in consequence of a reduction of council tax under section 13 F199, 13A or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).
F16347
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16448
1
Any payment or repayment made—
a
as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);
b
as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);
c
as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies).
2
Any payment or repayment made by the Secretary of State for Health F247and Social Care, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).
F16449
Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).
F1150
F1451
Any payment (other than a training allowance) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 F91... to assist disabled persons to obtain or retain employment despite their disability.
F14852F197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14853
1
) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
2
If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
F14854
Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.
F3655
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to F124widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
56
1
Any payment which is—
a
made under any of the Dispensing Instruments to a F125widow, widower or surviving civil partner of a person—
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
F166b
equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1992 (exceptional grants of pay, non-effective pay and allowances).
F137F16757
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F4658
Any payment made F169... F205as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F179, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)F215or under sections 31 to 33 of the Care Act 2014 (direct payments),F108or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F86or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F239, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).
C2F9259
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F9360
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C261
1
Any payment specified in sub-paragraph (2) to a claimant who was formerly a F67student and who has completed the course in respect of which those payments were made.
2
The payments specified for the purposes of sub-paragraph (1) are—
a
any grant income and covenant income as defined for the purposes of Chapter VIII of Part V;
F56b
any student loan as defined in Chapter VIII of Part V;
F56c
any contribution as defined in Chapter VIII of Part V which—
i
is taken into account in ascertaining the amount of a student loan referred to in head (b); and
ii
has been paid.
C2F9462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F9562A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F9663
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F5464
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F5164
1
Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under F66the self-employment route, any payment to the person—
a
to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
b
which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,
in respect of which such assistance is or was received.
2
Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part V.
C2F9765
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F5366
Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or F114section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the provision of accommodation or welfare services to which F62Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers, F216or the provision of care and support under Part 1 of the Care Act 2014 (care and support)F240, or the provision of care and support in respect of an adult under Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person F117living in a care home, an Abbeyfield Home or an independent hospital).
C2F5569
1
Any payment of a sports award 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) F78..., 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.
C2F10770
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F5771
Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.
C2F5772
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.
F18073
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1)—
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
- a
the Child Support Act 1991;
- b
the Child Support (Northern Ireland) Order 1991;
- c
a court order;
- d
a consent order;
- e
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
- a
“liable relative” means a person listed in regulation 54 (interpretation) other than a person falling within sub-paragraph (d) of that definition.
C2F6874
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 income.
C2F7075
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.
C2
F8476
F871
Any payment made by a local authority, or by the F168Welsh Ministers, 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.
F20276A
Armed forces independence payment
C2F9877
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2
F9978
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20879
Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)
F22580
Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 7(1)(f) or 72 of Schedule 10.
F24881
Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.
F25082
Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
F25183
Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
Sch. 9 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)