F9Subject to sub-paragraphs (2) and (3), except where F10regulation 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;

The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust F3, the Macfarlane (Special Payments) TrustF4, the Macfarlane (Special Payments) (No. 2) TrustF5, the FundF7, the Eileen TrustF13, MFET LimitedF14, the Skipton Fund, the Caxton FoundationF15, the Scottish Infected Blood Support SchemeF2or F6the Independent Living F12Fund (2006).

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.

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.