F183SCHEDULE 1PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT

Regulation 8

Annotations:
Amendments (Textual)

Lone parentsF1831

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Single persons looking after foster childrenF1832

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons temporarily looking after another personF1833

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons caring for another personF1834

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1834A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons incapable of workF1835

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled workersF1836

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons in employment living in residential care homes, nursing homes or residential accommodationF1836A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled studentsF1837

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1837A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1837B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Blind personsF1838

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PregnancyF1839

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons in educationF18310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Training allowancesF18311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Open University studentsF18312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons within 10 years of pensionable ageF18313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons aged 60F18314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances under the Job Release Act 1977F18315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RefugeesF18316

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons required to attend courtF18317

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharged prisonersF18318

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons affected by a trade disputeF18319

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons from abroadF18320

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons in custodyF18321

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Member of couple looking after children while other member temporarily abroadF18322

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons taking a child or young person abroad for treatmentF18323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183SCHEDULE 1ACIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT

Regulation 13A

F183PART IPERS0NS ELIGIBLE UNTIL 18

F1831

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1832

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1833

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1834

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183PART IIPERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)

F1835

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1836

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1837

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1838

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1839

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1839A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F184SCHEDULE 1BPRESCRIBED CATEGORIES OF PERSON

Regulation 4ZA

Annotations:
Amendments (Textual)

F753Lone parents1

1

A lone parent who is responsible for, and a member of the same household as—

a

a single child aged under 5, or

b

more than one child where the youngest is aged under 5.

2

A lone parent who is under the age of 18.

Single persons looking after foster childrenF8112

A single claimant or a lone parent with whom a child is placed—

a

by a local authority or voluntary organisation within the meaning of the Children Act 1989;

b

by a local authority or voluntary organisation within the meaning of the Children (Scotland) Act 1995;

c

by virtue of any order or warrant made under the Children’s Hearings (Scotland) Act 2011.

F669Single persons looking after children placed with them prior to adoption2A

A single claimant or a lone parent with whom a child is placed for adoption by an adoption agency within the meaning of the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.

Persons temporarily looking after another person3

A person who is—

a

looking after a child because the parent of that child or the person who usually looks after him is F663temporarily ill or is temporarily absent from his home; or

b

looking after a member of his family who is temporarily ill.

Persons caring for another person

4

A person (the carer)—

a

who is regularly and substantially engaged in caring for another person if—

i

the person being cared for is in receipt of attendance allowance F191... F771F766, armed forces independence payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act; or

ii

the person being cared for has claimed attendance allowance F192... but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

F193iia

the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Contributions and Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;F302or

iii

the person being cared for has claimed entitlement to a disability living allowance F767, armed forces independence paymentF772or personal independence payment but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

F194iiia

the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with, regulation 13A of the Social Security (Claims and Payments) Regulations 1987 (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowanceF773; or

iv

the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (advance claim for and award of personal independence payment), an award at the standard or enhanced rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment;

b

who is engaged in caring for another person and F253who is both entitled to, and in receipt of,F360a carer’s allowanceF326 or would be in receipt of that allowance but for the application of a restriction under section F6876B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

5

C4A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.

6

C4A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.

F679Persons treated as capable of work and persons entitled to statutory sick pay7

A person who—

F680C33a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F680C34b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

is treated as capable of work by virtue of regulations made under section 171E(1) of F712the Contributions and Benefits Act (disqualification etc.); or

d

is entitled to statutory sick pay.

Disabled workersF6848

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons in employment living in residential care homes, nursing homes or residential accommodationF6849

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F295Persons who have commenced remunerative work9A

A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.

Disabled students

F681C3510

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

A person who is a F273full-time student and who—

a

immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 as then in force; or

b

on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b),

but this paragraph shall not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.

Deaf studentsF682C3612

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Blind personsF683C3713

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pregnancy14

A woman who—

a

is incapable of work by reason of pregnancy; or

b

is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending F713... F355 fifteen weeks after the date on which her pregnancy ends F713....

F248Parental leave14A

1

A person who is—

a

entitled to, and taking, parental leave by virtue of Part III of the Maternity and Parental Leave etc. Regulations 1999 in respect of a child who is a member of his household; and

b

not entitled to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; and

c

entitled toF374..., F367working tax credit, child tax credit payable at a rate higher than the family element, housing benefit or council tax benefit on the day before that leave begins.

2

In this paragraph “remuneration” means payment of any kind F368and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those RegulationsF375but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.

F356Paternity Leave14B

1

A person who is entitled to, and is taking, F744F841... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 and who satisfies either or both of the conditions set out in sub-paragraph (2) below.

2

The conditions for the purposes of sub-paragraph (1) are—

a

he is not entitled to F745F841... statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act, or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;

b

he is entitled toF376..., F369working tax credit, child tax credit payable at a rate higher than the family element, housing benefit or council tax benefit on the day before that leave begins.

3

In this paragraph “remuneration” means payment of any kind F370and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those RegulationsF377but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.

Persons in education15

A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, F519disabled persons, persons with limited leave to enter or remain, orphans and persons estranged from their parents or guardian) applies.

F749Certain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced education15A

F7481

A person (“P”) who satisfies the following conditions.

2

The first condition is that P has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education.

3

The second condition is that P is—

a

under the age of 21; or

b

21 and attained that age whilst undertaking a course of full-time, non-advanced education.

4

The third condition is that—

a

P has no parent;

b

of necessity P has to live away from P’s parents because—

i

P is estranged from P’s parents,

ii

P is in physical or moral danger, or

iii

there is a serious risk to P’s physical or mental health; or

c

P is living away from P’s parents because they are unable to support P financially and are—

i

chronically sick or mentally or physically disabled,

ii

detained in custody pending trial or sentencing upon conviction or under a sentence imposed by a court, or

iii

prohibited from entering or re-entering Great Britain.

F7465

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In this paragraph—

  • “chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);

  • F747“course of full-time, non-advanced education” means a course of full-time education which is not a course of advanced education and which is not provided to P by virtue of P’s employment or any office held by P, which is—

    1. a

      provided at a school or college, or

    2. b

      provided elsewhere but is approved by the Secretary of State as being such a course,

    and for this purpose, “course of advanced education” has the same meaning as in regulation 61(1)

  • “parent” includes a person acting in place of a parent which—

    1. a

      for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and

    2. b

      for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).

Certain persons aged 50 who have not been in remunerative work for 10 yearsF54716

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain persons aged between 55 and 60 whose spouse or civil partner has diedF52016A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons aged 60 or overF39017

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refugees18

A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 and who—

a

is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

b

on the date on which that course commenced, had been in Great Britain for not more than 12 months,

but only for a period not exceeding nine months.

F56818A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F533Persons required to attend court or tribunal19

1

A person who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.

2

In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.

Persons affected by a trade dispute20

A person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work).

F685Persons from abroad21

A person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act 1999 by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies.

Persons in custody22

A person remanded in, or committed in, custody for trial or for sentencing.

Member of couple looking after children while other member temporarily abroad23

A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily not present in the United Kingdom.

Persons appealing against a decision F240which embodies a determination that they are not incapable of work24

A person—

a

in respect of whom it has been determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that he is not incapable of work; and

b

whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work); and

c

who has made and is pursuing an appeal against the F239decision which embodies a determination that he is not so incapable,

but only for the period prior to the determination of his appeal.

25

A person—

a

in respect of whom it has been determined for the purposes of section 171C of the Contributions and Benefits Act (the F263personal capability assessment) that he is not incapable of work; and

b

who has made and is pursuing an appeal against the F241decision which embodies a determination that he is not so incapable,

but only for the period F467beginning with the date on which that determination takes effect until the determination of his appeal.

F58626

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58627

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F518Persons engaged in training28

A person who is F521not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is engaged in training, and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible F286secured by the F710F754Secretary of StateF847... or by the F631Welsh Ministers and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, F664Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

C9C41SCHEDULE 2APPLICABLE AMOUNTS

Regulations 17F19(1) and 18

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C41

Sch. 2 applied (with modifications) (8.4.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2)(b), 24(2))

C41PART Ipersonal allowances

Regulations 17F19(1)(a) and (b) and 18(a) (b) and (c)

I1C44F8431

The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages)—

(1)

(2)

Person or Couple

Amount

1

Single claimant aged—

1

a

except where head (b) or (c) of this sub-paragraph applies, less than 18;

a

£57.90;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£57.90;

c

less than 18 who satisfies the condition in paragraph 11(1)(a);

c

£57.90;

d

not less than 18 but less than 25;

d

£57.90;

e

not less than 25.

e

£73.10.

2

Lone parent aged—

2

a

except where head (b) or (c) of this sub-paragraph applies, less than 18;

a

£57.90;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£57.90;

c

less than 18 who satisfies the condition in paragraph 11(1)(a);

c

£57.90;

d

not less than 18.

d

£73.10.

3

Couple—

3

a

where both members are aged less than 18 and—

i

at least one of them is treated as responsible for a child; or

ii

had they not been members of a couple, each would have qualified for income support under regulation 4ZA or income-related employment and support allowance; or

iii

the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

iv

there is in force in respect of the claimant’s partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

a

£87.50;

b

where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;

b

£57.90;

c

where both members are aged less than 18 and heads (a) and (b) do not apply;

c

£57.90;

d

where both members are aged not less than 18;

d

£114.85;

e

where one member is aged not less than 18 and the other member is a person under 18 who—

i

qualifies for income support under regulation 4ZA or income-related employment and support allowance, or who would so qualify if he were not a member of a couple; or

ii

satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

iii

is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

e

£114.85;

f

where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

i

would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and

ii

does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

iii

is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

f

£57.90;

g

where the claimant is aged not less than 25 and his partner is a person under 18 who—

i

would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and

ii

does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

iii

is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).

g

£73.10.

F1851A

1

The circumstances referred to in paragraph 1 are that—

a

the person has no parents nor any person acting in the place of his parents;

b

the person—

i

is not living with his parents nor any person acting in the place of his parents; and

ii

in England and Wales, was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his; or in Scotland, was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applied immediately before he attained the age of 16;

c

the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

i

as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

ii

in order to avoid physical or sexual abuse; or

iii

because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

d

the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

i

chronically sick or mentally or physically disabled; or

ii

detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or

iii

prohibited from entering or re-entering Great Britain; or

e

the person of necessity has to live away from his parents and any person acting in the place of his parents because—

i

he is estranged from his parents and that person; or

ii

he is in physical or moral danger; or

iii

there is a serious risk to his physical or mental health.

2

In this paragraph—

a

“chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);

b

in England and Wales, any reference to a person acting in place of a person’s parents includes a reference to—

i

where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or

ii

in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act;

c

in Scotland, any reference to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them.

I22

F443F896(1)The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

(1)

(2)

Child or Young Person

Amount

Person in respect of the period—

(a)

beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)

£66.90;

(b)

beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.

(b)

£66.90.

F2002

In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.

F3972A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIfamily premium

Regulations 17F19(1)(c) and 18(d)

I33

F444F2161

The weekly amount for the purposes of regulations 17F19(1)(c) F23and 18(1)(d) in respect of a family of which at least one member is a child or young person shall be

C60F201a

where the claimant is a lone parent F215to whom the conditions in both sub-paragraphs (2) and (3) apply and no premium is applicable under paragraph 9, 9A, 10 or 11, F818£17.45

C61b

in any other case,F819£17.45

F2172

The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

a

was both a lone parent and entitled to income support on 5th April 1998; or

b

does not come within head (a) above but—

i

was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

ii

was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

iii

the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

3

The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

4

The appropriate date for the purposes of sub-paragraph (3) is—

a

in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

b

in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

5

For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

a

a lone parent; or

b

entitled to income support; or

c

both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

6

In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.

F2547

For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.

C41PART IIIpremiums

Regulations 17F19(1)(d) and 18(e)

I44

Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17F19(1)(d) F24and 18(1)(e), be applicable to a claimant who satisfies the condition specified in F202F303paragraphs 9F303paragraphs 8AF62to 14ZA in respect of that premium.

I55

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

Annotations:
Commencement Information
I5

Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

F3046

1

Subject to sub-paragraph (2), the following premiums, namely—

a

a severe disability premium to which paragraph 13 applies;

b

an enhanced disability premium to which paragraph 13A applies;

c

F445a disabled child premium to which paragraph 14 applies; and

d

a carer premium to which paragraph 14ZA applies,

may be applicable in addition to any other premium which may apply under this Schedule.

2

An enhanced disability premium in respect of a person shall not be applicable in addition to—

a

a pensioner premium under paragraph 9 or 9A; or

b

a higher pensioner premium under paragraph 10.

I67

F631

F64Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—

a

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F1 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

b

for any period spent by a person in undertaking a course of training or instruction provided or approved by the F178Secretary of State F587... under section 2 of the Employment and Training Act 1973 F2F69or by F665Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,F39or for any period during which he is in receipt of a training allowance.

F652

For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of F361carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance F86, F768... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF769or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF770or armed forces independence payment.

C41Lone Parent PremiumF2038

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C41 Bereavement PremiumF5738A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C41Pensioner premium for persons under 75F3959

The condition is that the claimant has a partner aged F689not less than the qualifying age for state pension credit but less than 75.

C41Pensioner premium for persons 75 and overF3989A

The condition is that the claimant has a partner aged not less than 75 but less than 80.

C41Higher Pensioner PremiumI710

F3961

F560Subject to sub-paragraph (6), the condition is that—

a

the claimant’s partner is aged not less than 80; or

b

the claimant’s partner is aged less than 80 but F690not less than the qualifying age for state pension credit and either—

i

the additional condition specified in F399paragraph 12(1)(a), (c) or (d) is satisfied; or

ii

the claimant was entitled to, or was treated as being in receipt of, income support and—

aa

the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of F692the day his partner attained the qualifying age for state pension credit; and

bb

he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained F693the qualifying age for state pension credit.

3

For the purposes of this paragraph and paragraph 12—

a

once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to F256or treated as entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

b

in so far as F394sub-paragraph (1)(b)(ii) is concerned, if a claimant ceases to be entitled to F256or treated as entitled to income support for a period not exceeding eight weeks which includes F691the day his partner attained the qualifying age for state pension credit, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

F2304

In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)F553... and (3)(b) to a period of 8 weeks shall be treated as references to a period of F548104 weeks.

F2555

For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.

F5596

The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.

C41Disability PremiumI811

F5611

F562Subject to sub-paragraph (2), the condition is that—

a

where the claimant is a single claimant or a lone parent,F391... the additional condition specified in paragraph 12 is satisfied; or

b

where the claimant has a partner, either—

F392i

the claimant satisfies the additional condition specified in F400paragraph 12(1)(a), (b), (c) or (d); or

ii

his partner F694has not attained the qualifying age for state pension credit and the additional condition specified in F401paragraph 12(1)(a), (c) or (d) is satisfied by his partner.

F5632

The condition is not satisfied if—

a

the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

b

the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

c

the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

i

a long-term patient; and

ii

the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.

C41Additional condition for the Higher Pensioner and Disability PremiumsI912

C31

Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

a

the claimant or, as the case may be, his partner—

i

is in receipt of one or more of the following benefits: attendance allowance, F87disability living allowance, F774armed forces independence payment,F775personal independence payment,F371the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, mobility supplement, F146long-term incapacity benefit under F134Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that ActF10but, in the case of F146long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him; or

ii

is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F3 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F4 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

F826iii

is certified as severely sight impaired or blind by a consultant ophthalmologist; or

C38F145b

the claimant—

i

is entitled to statutory sick pay or F150is, or is treated as, incapable of work, in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and

ii

has been so entitled or so incapableF151, or has been treated as so incapable, for a continuous period of not less than—

aa

196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or

bb

F522subject to F564paragraph 2A of Schedule 7, 364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and

F393c

the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act F872or a state pension under Part 1 of the Pensions Act 2014 and—

i

the claimant has since remained continuously entitled to income support;

ii

the higher pensioner premium or disability premium has been applicable to the claimant; and

iii

the partner is still alive;

d

except where paragraph F5232A F565... of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance F776, disability living allowance or personal independence payment—

i

but payment of that benefit has been suspended under the F451Social Security (Attendance Allowance) Regulations 1991 F777, the Social Security (Disability Living Allowance) Regulations 1991 or regulations made under section 86(1) (hospital in-patients) of the 2012 Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and

ii

a higher pensioner premium or disability premium has been applicable to the claimant.

C39F2311A

In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of F549104 weeks.

F8272

For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

F1473

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

For the purpose of F402sub-paragraph (1)(c) and (d), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in F402sub-paragraph (1)(c) and (d).

C40F325

For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 F40or for any period during which he is in receipt of a training allowance.

F1446

For the purposes of F403sub-paragraph (1)(a)(i) and (c), a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

F4597

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C41Severe Disability PremiumI1013

1

The condition is that the claimant is a severely disabled person.

2

For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

a

in the case of a single claimantF125, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)—

i

he is in receipt of attendance allowanceF88, F778... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF779or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF785or armed forces independence payment, and

C1ii

subject to sub-paragraph (3), he has no non-dependants aged 18 or over F137normally residing with him or with whom he is normally residing, and

F261iii

no person is entitled to, and in receipt of, F361a carer’s allowance under section 70 of the Contributions and Benefits Act F849or has an award of universal credit which includes the carer element in respect of caring for him;

b

F257in the case of a claimant who has a partner—

i

he is in receipt of attendance allowanceF89, F780... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF781or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF786or armed forces independence payment; and

ii

his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

C2iii

subject to sub-paragraph (3), he has no non-dependants aged 18 or over F138normally residing with him or with whom he is normally residing,

and, either F258a person is entitled to, and in receipt of, F361a carer’s allowanceF850or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowanceF851or has such an award of universal credit in respect of caring for either member of the couple or any partner of the polygamous marriage.

F1242A

Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is F828severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

3

For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

a

a person receiving attendance allowanceF90, F782... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF783or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF787or armed forces independence payment; or

F128b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person; F126or

d

a person who is F829severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2).

F113A

For the purposes of sub-paragraph (2)(b) a person shall be treatedF260...—

a

F259as being in receipt of attendance allowanceF91, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

F262b

as being entitled to and in receipt of F361a carer’s allowanceF852or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt F853of carer’s allowance or have such an award of universal credit.

F784c

as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.

F1353ZA

For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of F361carer’s allowanceF854or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before F554the date on which the award is first paid.

4

Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.

F3275

In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of F361a carer’s allowanceF855or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance F856or had such an award but for the application of a restriction under section F6886B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

F8486

For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.

C41F296Enhanced disability premium13A

F788F7891

Subject to sub-paragraph (2), the condition is that—

a

the claimant; or

b

the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,

is a person to whom sub-paragraph (1ZA) applies.

F7891ZA

This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

a

armed forces independence payment is payable to that person;

b

the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; or

c

the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of that Act.

F7181A

Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant F730or partner is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).

F5662

The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

C48a

a child or young person—

i

whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

ii

who is a long-term patient;

b

a single claimant or a lone parent and (in either case) is a long-term patient;

c

a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

d

a member of a couple or polygamous marriage who—

i

is a long-term patient; and

ii

is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.

C41Disabled Child PremiumF56714

1

Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

a

in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; F719...

b

F830severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2)F720; or

c

a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s deathF790; or

d

a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt provided that the young person continues to be a member of the familyF791; or

e

in receipt of armed forces independence payment.

2

The condition F721in sub-paragraph (1)(a) F821, (b), (d) or (e) is not satisfied in respect of a child or young person—

C49a

whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

b

who is a long-term patient.

C41F59Carer premium14ZA

1

F80Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, F264entitled to F361a carer’s allowance under section 70 of the Contributions and Benefits Act.

F3792

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3523

Where a carer premium is awarded but—

a

the person in respect of whose care the F361carer’s allowance has been awarded dies; or

b

in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled F380...to F361a carer’s allowance,

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

3A

The relevant date for the purposes of sub-paragraph (3) above shall be—

a

F381where sub-paragraph (3)(a) applies, the Sunday following the death of the person in respect of whose care F361a carer’s allowance has been awarded or the date of death if the death occurred on a Sunday;

F382b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in any other case, the date on which the person who has been entitled to F361a carer’s allowance ceases to be entitled to that allowance.

4

Where a person who has been entitled to F361a carer’s allowance ceases to be entitled to that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–

F353a

the person in respect of whose care the F361carer’s allowance has been awarded dies;

F383b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F384in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

C41F18Persons in receipt of concessionary payments14A

For the purpose of determining whether a premium is applicable to a person F79under paragraphs 12 to 14ZA, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

C41F50Person in receipt of benefit14B

For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

C41F895PART IVWeekly amounts of premiums specified in part III

Annotations:
Amendments (Textual)
F895

Sch. 2 Pt. IV Table substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(i), 20(1)(5), Sch. 3

Premium

Amount

15

1

Pensioner premium for persons to whom paragraph 9 applies.

2

£128.40

2A

Pensioner premium for persons to whom paragraph 9A applies.

2A

£128.40.

3

Higher pensioner premium for persons to whom paragraph 10 applies.

3

£128.40.

4

Disability Premium—

a

where the claimant satisfies the condition in paragraph 11(1)(a);

4

a

£32.55.

b

where the claimant satisfies the condition in paragraph 11(1)(b).

b

£46.40.

5

Severe Disability Premium—

a

where the claimant satisfies the condition in paragraph 13(2)(a);

5

a

£62.45.

b

where the claimant satisfies the condition in paragraph 13(2)(b)—

b

i

if there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

i

£62.45.

ii

if no-one is in receipt of such an allowance.

ii

£124.90.

6

Disabled Child Premium.

6

£60.90 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

7

Carer Premium.

7

£34.95 in respect of each person who satisfied the condition specified in paragraph 14ZA.

8

Enhanced disability premium where the conditions in paragraph 13A are satisfied.

8

a

£24.78 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

b

£15.90 in respect of each person who is neither—

i

a child or young person; nor

ii

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

c

£22.85 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

PART Vrounding of fractions

I1116

Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.

Annotations:
Commencement Information
I11

Sch. 2 para. 16 in force at 11.4.1988, see reg. 1

C10C42C45F148SCHEDULE 3 HOUSING COSTS

Regulations 17(1)(e) and 18(1)(f)

Annotations:
Amendments (Textual)
F148

Sch. 3 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 1

Modifications etc. (not altering text)
C42

Sch. 3 applied (with modifications) (1.4.2015) by S.I. 2003/2382 (as amended by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 21(4)(b) (with art. 4))

Housing Costs1

1

Subject to the following provisions of this Schedule, the housing costs applicable to claimant are those costs—

a

which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying, and

b

which qualify under paragraphs 15 to 17.

C162

In this Schedule—

“housing costs" means those costs to which sub-paragraph (1) refers;

F857...

F857...

“standard rate" means the rate for the time being F464determined in accordance with paragraph 12.

3

For the purposes of this Schedule a disabled person is a person—

a

in respect of whom a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

b

F158... who, had he in fact been entitled to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium F537; or

c

who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.

F751d

who–

i

is in receipt of an employment and support allowance which includes an amount under section 2(2) F881... or 4(4) F881... of the Welfare Reform Act F882(component) or is a member of the work-related activity groupF881...; or

ii

would be entitled to an employment and support allowanceF883..., but for the application of section 1A of that Act (duration of contributory allowance)F801; or

e

who is entitled to an award of universal credit F880and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.

4

For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section l71E of the Contributions and Benefits Act (incapacity for work, disqualification etc.) F600or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification).

F206F577Previous entitlement to income-based jobseeker’s allowance F601, income-related employment and support allowance or state pension credit1A

1

Where a claimant or his partner was in receipt of or was treated as being in receipt of income-based jobseeker’s allowance F602or income-related employment and support allowance not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

a

the applicable amount for that allowance included an amount in respect of housing costs under F579paragraphs 14 to 16 of Schedule 2 to the Jobseeker’s Allowance Regulations 1996 F603or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations; and

b

the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the applicable amount in respect of those costs current when entitlement to income-based jobseeker’s allowance F602or income-related employment and support allowance was last determined.

F5781A

Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

a

the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and

b

the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.

2

Where, in the period since housing costs were last calculated for income-based jobseeker’s allowance F602or income-related employment and support allowanceF580or (as the case may be) state pension credit, there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income support, be recalculated so as to take account of that change.

Circumstances in which a person is liable to meet housing costs2

1

A person is liable to meet housing costs where—

a

the liability falls upon him or his partner but not where the liability is to a member of the same household as the person on whom the liability falls;

b

because the person liable to meet the housing costs is not meeting them, the claimant as to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

c

he in practice shares the housing costs with other members of the household none of whom are close relatives either of the claimant or his partner, and

i

one or more of those members is liable to meet those costs, and

ii

it is reasonable in the circumstances to treat him as sharing responsibility.

2

Where any one or more, but not all, members of the claimant’s family are affected by a trade dispute, the housing costs shall be treated as wholly the responsibility of those members of the family not so affected.

Circumstances in which a person is to be treated as occupying a dwelling as his home3

1

Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.

2

In determining whether a dwelling is the dwelling normally occupied as the claimant’s home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that other dwelling is in Great Britain.

3

Subject to sub-paragraph (4), where a single claimant or a lone parent is a F274full-time student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

4

A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

5

Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make those payments.

6

Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

a

where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

b

in the case of a couple or a member of a polygamous marriage where a partner is a F274full-time student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

c

in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks F551from the first day of the benefit week in which the move occurs if his liability to make payments in respect of two dwellings is unavoidable.

7

Where—

a

a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

b

he had claimed income support before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

c

the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

i

that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or

F538ii

the move was delayed pending F762 local welfare provision or the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

aa

a member of the claimant’s family is aged five or under,

bb

the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or

cc

a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or

iii

the person became liable to make payments in respect of the dwelling while he was a patient or was in residential accommodation,

he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

8

This sub-paragraph applies to a person who enters residential accommodation—

a

for the purpose of ascertaining whether the accommodation suits his needs; and

b

with the intention of returning to the dwelling which he normally occupies as his home should, in the event, the residential accommodation prove not to suit his needs,

and while in the accommodation, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.

9

A person to whom sub-paragraph (8) applies shall be treated as occupying the dwelling he normally occupies as his home during any period (commencing with the day he enters the accommodation) not exceeding l3 weeks in which the person is resident in the accommodation, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

10

A person, other than a person to whom sub-paragraph (11) applies, shall be treated as occupying a dwelling as his home throughout any period of absence not exceeding 13 weeks, if, and only if—

a

he intends to return to occupy the dwelling as his home; and

b

the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let to another person; and

c

the period of absence is unlikely to exceed 13 weeks.

11

This sub-paragraph applies to a person whose absence from the dwelling he normally occupies as his home is temporary and—

a

he intends to return to occupy the dwelling as his home; and

b

while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

c

he is—

F468i

detained in custody on remand pending trial or, as a condition of bail, required to reside—

aa

in a dwelling, other than the dwelling he occupies as his home; or

bb

in premises approved under F618section 13 of the Offender Management Act 2007,

or, detained pending sentence upon conviction, or

ii

resident in a hospital or similar institution as a patient, or

iii

undergoing or, as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or

iv

following, in the United Kingdom or elsewhere, a training course, or

v

undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or

vi

undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or

vii

a person who is, whether in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or

viii

a F275full-time student to whom sub-paragraph (3) or (6)(b) does not apply, or

ix

a person other than a person to whom sub-paragraph (8) applies, who is receiving care provided in residential accommodation; or

x

a person to whom sub-paragraph (6)(a) does not apply and who has left the dwelling he occupies as his home through fear of violence in that dwellingF159, or by a person who was formerly a member of his family; and

d

the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

12

A person to whom sub-paragraph (11) applies is to be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

13

In this paragraph—

a

“medically approved" means certified by a medical practitioner;

b

“patient" means a person who is undergoing medical or other treatment as an inpatient in a hospital or similar institution;

F671ba

“period of study” has the meaning given in regulation 61(1) (interpretation);

F478c

“residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital;

d

“training course" means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, F666Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Housing costs not met4

1

No amount may be met under the provisions of this Schedule—

a

in respect of housing benefit expenditure; or

b

where the claimant is F479living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

2

Subject to the following provisions of this paragraph, loans which, apart from this paragraph, qualify under paragraph 15 shall not so qualify where the loan was incurred during one relevant period and was incurred—

a

after 1st October 1995, or

b

after 2nd May 1994 and the housing costs applicable to that loan were not met by virtue of the former paragraph 5A of this Schedule in any one or more of the 26 weeks preceding 2nd October 1995, or

c

subject to sub-paragraph (3), in the 26 weeks preceding 2nd October 1995 by a person—

i

who was not at that time entitled to income support; and

ii

who becomes, or whose partner becomes entitled to income support after 1st October 1995 and that entitlement is within 26 weeks of an earlier entitlement to income support for the claimant or his partner.

3

Sub-paragraph (2)(c) shall not apply in respect of a loan where the claimant has interest payments on that loan met without restrictions under an award of income support in respect of a period commencing before 2nd October 1995.

F1604

The “relevant period” for the purposes of this paragraph is any period during which the person to whom the loan was made —

a

is entitled to income support F604or income-related employment and support allowance, or

b

is living as a member of a family one of whom is entitled to income support F604or income-related employment and support allowance,

together with any linked period, that is to say a period falling between two such periods of entitlement to income support F604or income-related employment and support allowance separated by not more than 26 weeks.

F2094A

For the purposes of sub-paragraph (4), a person shall be treated as entitled to income support during any period when he or his partner was not so entitled because—

a

that person or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996F305, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F588...; and

b

in consequence of such participation that person or his partner was engaged in remunerative work or had an income F722equal to or in excess of the claimant’s applicable amount as prescribed in Part IV.

F5814B

A person treated by virtue of paragraph 14 as being in receipt of income support for the purposes of this Schedule is not to be treated as entitled to income support for the purposes of sub-paragraph (4).

5

For the purposes of sub-paragraph (4)—

a

any week in the period of 26 weeks ending on 1st October 1995 on which there arose an entitlement to income support such as is mentioned in that sub-paragraph shall be taken into account in determining when the relevant period commences; and

b

two or more periods of entitlement and any intervening linked periods shall together form a single relevant period.

6

Where the loan to which sub-paragraph (2) refers has been applied—

a

for paying off an earlier loan, and that earlier loan qualified under paragraph 15 F195during the relevant period; or

F196b

to finance the purchase of a property where an earlier loan, which qualified under paragraph 15 or 16 during the relevant period in respect of another property, is paid off (in whole or in part) with monies received from the sale of that property;

then the amount of the loan to which sub-paragraph (2) applies is the amount (if any) by which the new loan exceeds the earlier loan.

7

Notwithstanding the preceding provisions of this paragraph, housing costs shall be met in any case where a claimant satisfies any of the conditions specified in sub-paragraphs (8) to (11) below, but—

a

those costs shall be subject to any additional limitations imposed by the sub-paragraph; and

b

where the claimant satisfies the conditions in more than one of these sub-paragraphs, only one sub-paragraph shall apply in his case and the one that applies shall be the one most favourable to him.

8

The conditions specified in this sub-paragraph are that—

a

during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies or continues to occupy, as his home; and

b

in the week preceding the week in which the relevant interest was acquired, housing benefit was payable to the claimant or a member of his family;

so however that the amount to be met by way of F161... housing costs shall initially not exceed the aggregate of—

i

the housing benefit payable in the week mentioned at sub-paragraph (8)(b); and

ii

any amount included in the applicable amount of the claimant or a member of his family in accordance with regulation 17(1)(e) or 18(1)(f) in that week;

and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in the standard rate or in any housing costs which qualify under paragraph 17 (other housing costs).

9

The condition specified in this sub-paragraph is that the loan was taken out, or an existing loan increased, to acquire alternative accommodation more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by the claimant.

10

The conditions specified in this sub-paragraph are that—

a

the loan commitment increased in consequence of the disposal of the dwelling occupied as the home and the acquisition of an alternative such dwelling; and

b

the change of dwelling was made solely by reason of the need to provide separate sleeping accommodation for F619persons of different sexes aged 10 or over F619but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.

11

The conditions specified in this sub-paragraph are that—

a

during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies as his home; and

b

in the week preceding the week in which the relevant interest was acquired, the applicable amount of the claimant or a member of his family included an amount determined by reference to paragraph 17 and did not include any amount specified in paragraph 15 or paragraph 16; so however that the amount to be met F162by way of housing costs shall initially not exceed the amount so determined, and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of acquisition, in the standard rate or in any housing costs which qualify under paragraph 17 (other housing costs).

12

The following provisions of this Schedule shall have effect subject to the provisions of this paragraph.

Apportionment of housing costs5

1

Where the dwelling occupied as the home is a composite hereditament and—

a

before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of subsection (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

b

in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between she part occupied as a dwelling and the remainder,

the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.

2

Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.

C503

For the purposes of sub-paragraph (2), the relevant fraction shall be obtained in accordance with the formula—

where— “A" is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;

“B" is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.

4

In this paragraph—

“composite hereditament" means—

a

as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

b

as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

“local non-domestic rating list" means a list compiled and maintained under section 41(1) of the Act of 1988;

“the Act of 1987" means the Abolition of Domestic Rates Etc.(Scotland) Act 1987;

“the Act of 1988" means the Local Government Finance Act 1988.

5

Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Existing housing costsF8586

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional ProtectionF8597

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F860Housing costsC178

C20C19C181

F861Subject to the provisions of this Schedule, the ... housing costs to be met in any particular case are—

a

where the claimant has been F163entitled to income support for a continuous period of 39 weeks or more, an amount—

i

determined in the manner set out in paragraph 10 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 15 or 16; and

ii

equal to any payments which qualify under paragraph 17(1)(a) to (c);

C51b

in any other case, nil.

C18F1641A

For the purposes of sub-paragraph (1) F207and subject to sub-paragraph (1B), the eligible capital for the time being owing shall be determined on the date the F861... housing costs are first met and thereafter on each anniversary of that date.

F2081B

Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income-based jobseeker’s allowance F605, state pension credit or income-related employment and support allowance and one of them becomes entitled to income support in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.

F8622

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8623

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8624

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8625

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General exclusions from F864paragraph 8C219

C221

F863Paragraph 8 shall not apply where—

F404a

the claimant’s partner has attained the qualifying age for state pension credit;

b

the housing costs are payments—

i

under a co-ownership agreement;

ii

under or relating to a tenancy or licence of a Crown tenant; or

iii

where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.

2

In a case falling within sub-paragraph (1), the housing costs to be met are—

a

where head (a) of sub-paragraph (1) applies, an amount—

i

determined in the manner set out in paragraph 10 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 15 or 16; and

ii

equal to the payments which qualify under paragraph 17;

b

where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 17(1)(d) to (f).

F325The calculation for loansC23C5610

The weekly amount of F865housing costs to be met under this Schedule in respect of a loan which qualifies under paragraph 15 or 16 shall be calculated by applying the formula—

where—

A

the amount of the loan which qualifies under paragraph 15 or 16;

B

the standard rate for the time being F465applicable in respect of that loan.

General provisions applying to F866... housing costsC2411

F1651

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8672

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8673

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Where for the time being a loan exceeds, or in a case where more than one loan is to be taken into account, the aggregate of those loans exceeds the appropriate amount specified in sub-paragraph (5), then the amount of the loan or, as the case may be, the aggregate amount of those loans, shall for the purposes of this Schedule, be the appropriate amount.

C25C26C525

Subject to the following provisions of this paragraph, the appropriate amount is £100,000.

6

Where a person is treated under paragraph 3(6) (payments in respect of two dwellings) occupying two dwellings as his home, then the restrictions imposed by sub-paragraph (4) shall be applied separately to the loans for each dwelling.

7

In a case to which paragraph 5 (apportionment of housing costs) applies, the appropriate amount for the purposes of sub-paragraph (4) shall be the lower of—

C53a

a sum determined by applying the formula—

where—P = the relevant fraction for the purposes of paragraph 5, and

Q = the amount or, as the case may be, the aggregate amount for the time being of any loan or loans which qualify under this Schedule; or

b

the sum for the time being specified in sub-paragraph (5).

8

In a case to which paragraph 15(3) or 16(3) (loans which qualify in part only) applies, the appropriate amount for the purposes of sub-paragraph (4) shall be the lower of—

a

a sum representing for the time being the part of the loan applied for the purposes specified in paragraph 15(1) or (as the case may be) paragraph 16(1); or

b

the sum for the time being specified in sub-paragraph (5).

9

In the case of any loan to which paragraph 16(2)(k) (loan taken out and used for the purpose of adapting a dwelling for the special needs of a disabled person) applies the whole of the loan, to the extent that it remains unpaid, shall be disregarded in determining whether the amount for the time being specified in sub-paragraph (5) is exceeded.

F16610

Where in any case the amount for the time being specified for the purposes of sub-paragraph (5) is exceeded and there are two or more loans to be taken into account under either or both paragraphs 15 and 16, then the amount of eligible interest in respect of each of those loans to the extent that the loans remain outstanding shall be determined as if each loan had been reduced to a sum equal to the qualifying portion of that loan.

C54F16611

For the purposes of sub-paragraph (10), the qualifying portion of a loan shall be determined by applying the following formula—

where—

R

the amount for the time being specified for the purposes of sub-paragraph (4);

S

the amount of the outstanding loan to be taken into account;

T

the aggregate of all outstanding loans to be taken into account under paragraphs 15 and 16.

The standard rateF46612

1

The standard rate is the rate of interest applicable per annum to a loan which qualifies under this Schedule.

C55F7112

Subject to the following provisions of this paragraph, the standard rate is to be the average mortgage rate published by the Bank of England in August 2010.

2A

The standard rate is to be varied each time that sub-paragraph (2B) applies.

2B

This sub-paragraph applies when, on any reference day, the Bank of England publishes an average mortgage rate which differs by F8220.5 percentage points or more from the standard rate that applies on that reference day (whether by virtue of sub-paragraph (2) or of a previous application of this sub-paragraph).

2C

The average mortgage rate published on that reference day then becomes the new standard rate in accordance with sub-paragraph (2D).

2D

Any variation in the standard rate by virtue of sub-paragraphs (2A) to (2C) comes into effect—

a

for the purposes of sub-paragraph (2B) (in consequence of its first and any subsequent application), on the day after the reference day referred to in sub-paragraph (2C);

b

for the purpose of calculating the weekly amount of housing costs to be met under this Schedule, on the day specified by the Secretary of State.

2E

In this paragraph—

  • “average mortgage rate” means the effective interest rate (non-seasonally adjusted) of United Kingdom resident banks and building societies for loans to households secured on dwellings published by the Bank of England in respect of the most recent period for that rate specified at the time of publication;

  • “reference day” means any day falling after 1st October 2010.

F6323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5824

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5825

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5826

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Excessive Housing Costs13

1

Housing costs which, apart from this paragraph, fall to be met under this Schedule shall be met only to the extent specified in sub-paragraph (3) where—

a

the dwelling occupied as the home, excluding any part which is let, is larger than is required by the claimant and his family and any child or young person to whom regulation 16(4) applies (foster children) and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size; or

b

the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or

c

the outgoings of the dwelling occupied as the home which are met under paragraphs 5 to 17 are higher than the outgoings of suitable alternative accommodation in the area.

2

For the purposes of heads (a) to (c) of sub-paragraph (1), no regard shall be had to the capital value of the dwelling occupied as the home.

3

Subject to the following provisions of this paragraph, the amount of the loan which falls to be met shall be restricted and the excess over the amounts which the claimant would need to obtain suitable alternative accommodation shall not be allowed.

4

Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation, no restriction shall be made under sub-paragraph (3).

5

In sub-paragraph (4) “the relevant factors" are—

a

the availability of suitable accommodation and the level of housing costs in the area; and

b

the circumstances of the family including in particular the age and state of health of its members, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any child or young person who is a member of his family, or any child or young person who is not treated as part of his family by virtue of regulation 16(4) (foster children).

F2426

Where sub-paragraph (4) does not apply and the claimant (or other member of the family) was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the 26 weeks immediately following the date on which–

a

the claimant became entitled to income support where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or

b

a decision took effect which was made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998 on the ground that the claimant’s housing costs fell within one of the cases in sub-paragraph (1),

nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.

7

For the purposes of calculating any period of 26 weeks referred to in sub-paragraph (6), and for those purposes only, a person shall be treated as entitled to income support for any period of 12 weeks or less in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which he was in receipt thereof.

8

Any period in respect of which—

a

income support was paid to a person, and

b

it was subsequently determined F243... that he was not entitled to income support for that period,

shall be treated for the purposes of sub-paragraph (7) as a period in respect of which he was not in receipt of income support.

C279

Heads (c) to (f) of sub-paragraph (1) of paragraph 14 shall apply to sub-paragraph (7) as they apply to F868paragraph 8 but with the modification that the words “Subject to sub-paragraph (2)" were omitted and references to “the claimant" were references to the person mentioned in sub-paragraph (7).

Linking rule14

1

F725...For the purposes of this Schedule—

a

a person shall be treated as being in receipt of income support during the following periods—

i

any period in respect of which it was subsequently F244determined that he was entitled to income support; and

ii

any period of 12 weeks or less F312or, as the case may be, 52 weeks or less, in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which F189...;

F190aa

he was, or was treated as being, in receipt of income support,

bb

he was treated as entitled to income support for the purpose of sub-paragraph (5) or (5A) , or

cc

(i) above applies;

b

a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently F245determined that he was not so entitled;

c

where—

i

the claimant was a member of a couple or a polygamous marriage; and

ii

his partner was, in respect of a past period, in receipt of income support for himself and the claimant; and

iii

the claimant is no longer a member of that couple or polygamous marriage; and

iv

the claimant made his claim for income support within twelve weeks F313or, as the case may be, 52 weeks, of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

d

where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 2 applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks F314or, as the case may be, 52 weeks, of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

e

where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of income support for himself and the claimant, and the claimant has begun to receive income support as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

F212ee

where the claimant—

i

is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996F308, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F590..., in receipt of income support and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

ii

has, immediately after that participation in that programme, begun to receive income support as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations 1987 by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

f

where—

i

the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and

ii

the claimant becomes a member of another family which includes that child or young person; and

iii

the claimant made his claim for income support within 12 weeks F315or, as the case may be, 52 weeks, of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

F7262

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

For the purposes of this Schedule, where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section F620or under the Enterprise and New Towns (Scotland) Act 1990, he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.

F2113ZA

For the purposes of this Schedule, a claimant who has ceased to be entitled to income support because—

a

that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 F310, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF589...F265or in an employment zone scheme; and

b

in consequence of such participation the claimant or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV,

shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in that programme F311or activity.

F1673A

Where, for the purposes of sub-paragraphs F213(1), (3) and (3ZA), a person is treated as being in receipt of income support, for a certain period, he shallF234, subject to sub-paragraph (3AA), be treated as being entitled to income support for the same period.

F2353AA

Where the appropriate amount of a loan exceeds the amount specified in paragraph 11(5), sub-paragraph (3A) shall not apply except–

C28a

for the purposes of paragraph F870... 8(1); or

b

where a person has ceased to be in receipt of income support for a period of F550104 weeks or less because he or his partner is a welfare to work beneficiary.

F2103B

For the purposes of this Schedule, in determining whether a person is entitled to or to be treated as entitled to income support, entitlement to a contribution-based jobseeker’s allowance immediately before a period during which that person or his partner is participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 F309, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F591... shall be treated as entitlement to income support for the purposes of any requirement that a person is, or has been, entitled to income support for any period of time.

4

For the purposes of this Schedule, sub-paragraph (5) applies where a person is not entitled to income support by reason only that he has—

a

capital exceeding F524£16,000; or

b

income F723equal to or exceeding the applicable amount which applies in his case, or

c

both capital exceeding F525£16,000 and income exceeding the applicable amount which applies in his case.

5

A person to whom sub-paragraph (4) applies shall be treated as entitled to income support throughout any period of not F168more than 39 weeks which comprises only days—

a

on which he is entitled to unemployment benefit, F186a contribution-based jobseeker’s allowance, statutory sick pay F606, incapacity benefit or contributory employment and support allowance ; or

b

on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with F233regulation 8A or 8B of the Social Security (Credits) Regulations 1975; or

c

in respect of which the claimant is treated as being in receipt of income support.

F1695A

Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom F187paragraph 4 or 5 of Schedule 1B (persons caring for another person) applies or a lone parent shall, for the purposes of this Schedule, be treated as entitled to income support throughout any period of not more than 39 weeks following the refusal of a claim for income support made by or on behalf of that person.

F1695B

Sub-paragraph (5A) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

a

is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

F188b

is a F276full-time student, other than one who would qualify for income support under regulation 4ZA(3) (prescribed categories of person);

c

is temporarily absent from Great Britain, other than in the circumstances specified in regulation 4(2) and (3) (temporary absence from Great Britain).

6

In a case where—

a

F170sub-paragraphs (5) and (5A) apply solely by virtue of sub-paragraph (4)(b); and

b

the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet any loan or payment which qualifies under paragraphs 15 to 17,

F171sub-paragraphs (5) and (5A) shall have effect as if for the words “throughout any period of not F172more than 39 weeks" there shall be substituted the words “throughout any period that payments are made in accordance with the terms of the policy".

F1737

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

This sub-paragraph applies—

a

to a person who claims income support, or in respect of whom income support is claimed, and who—

i

received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and

ii

had a previous award of income support where the applicable amount included an amount by way of housing costs; and

b

where the period in respect of which the previous award of income support was payable ended not more than 26 weeks before the date the claim was made.

C29C30C319

Where sub-paragraph (8) applies, in determining—

F869a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

for the purposes of paragraph 8(1) whether a claimant has been F174entitled to income support for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

F23210

In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (1)(a)(ii), F316(1)(c)(iv), (1)(d) and (1)(f)(iii) to a period of 12 weeks shall be treated as references to a period of F550104 weeks.

F30611

For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—

a

52 weeks in the case of a person to whom sub-paragraph (12) applies;

b

subject to sub-paragraph (10), 12 weeks in any other case.

12

This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—

a

has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

b

is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii) of the Jobseeker’s Allowance Regulations 1996; or

c

is participating in—

i

a New Deal option;

ii

an employment zone programme; or

iii

the self-employment route; F307or

iv

the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 F592...,

and, as a consequence, he or his partner was engaged in remunerative work or had income F724equal to or in excess of the applicable amount as prescribed in Part IV.

C3213

Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph F871... 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.

F40514

For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income support in this Schedule shall be taken to include also a reference to state pension credit.

F60715

For the purpose of determining whether the linking rules set out in this paragraph apply in a case where F608a claimant, a claimant’s partner or a claimant, a claimant’s partner or a claimant's former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.

Loans on residential property15

1

A loan qualifies under this paragraph where the loan was taken out to defray monies applied for any of the following purposes—

a

acquiring an interest in the dwelling occupied as the home; or

b

paying off another loan to the extent that the other loan would have qualified under head (a) above had the loan not been paid off.

2

For the purposes of this paragraph, references to a loan include also a reference to money borrowed under a hire purchase agreement for any purpose specified in heads (a) and (b) of sub-paragraph (1) above.

3

Where a loan is applied only in part for the purposes specified in heads (a) and (b) of sub-paragraph (1), only that portion of the loan which is applied for that purpose shall qualify under this paragraph.

Loans for repairs and improvements to the dwelling occupied as the home16

1

A loan qualifies under this paragraph where the loan was taken out, with or without security, for the purpose of—

a

carrying out repairs and improvements to the dwelling occupied as the home;

b

paying any service charge imposed to meet the cost of repairs and improvements to the dwelling occupied as the home;

c

paying off another loan to the extent that the other loan would have qualified under head (a) or (b) of this sub-paragraph had the loan not been paid off,

and the loan was used for that purpose, or is used for that purpose within 6 months of the date of receipt or such further period as may be reasonable in the particular circumstances of the case.

2

In sub-paragraph (1) “repairs and improvements" means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of the building containing that dwelling—

a

provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

b

repairs to existing heating systems;

c

damp proof measures;

d

provision of ventilation and natural lighting;

e

provision of drainage facilities;

f

provision of facilities for preparing and cooking food;

g

provision of insulation of the dwelling occupied as the home;

h

provision of electric lighting and sockets;

i

provision of storage facilities for fuel or refuse;

j

repairs of unsafe structural defects;

k

adapting a dwelling for the special needs of a disabled person; or

l

provision of separate sleeping accommodation for F621persons of different sexes aged 10 or over F621but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.

3

Where a loan is applied only in part for the purposes specified in sub-paragraph (1), only that portion of the loan which is applied for that purpose shall qualify under this paragraph.

Other housing costs17

1

Subject to the deduction specified in sub-paragraph (2) and the reductions applicable in sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the following housing costs—

a

payments by way of rent or ground rent relating to a long tenancy F539...;

b

service charges;

c

payments by way of rent charge within the meaning of section 1 of the Rent charges Act 1977;

d

payments under a co-ownership scheme;

e

payments under or relating to a tenancy or licence of a Crown tenant;

f

where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands.

2

Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—

a

where the costs are inclusive of any of the items mentioned in F513paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006 (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;

b

where the costs are inclusive of ineligible service charges within the meaning of F514paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006 (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services;

c

any amount for repairs and improvements, and for this purpose the expression “repairs and improvements" has the same meaning it has in paragraph 16(2).

3

Where arrangements are made for the housing costs, which are met under this paragraph and which are normally paid for a period of 52 weeks, to be paid instead for a period of 53 weeks, or to be paid irregularly, or so that no such costs are payable or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.

4

Where the claimant or a member of his family—

a

pays for reasonable repairs or redecorations to be carried out to the dwelling they occupy; and

b

that work was not the responsibility of the claimant or any member of his family; and

c

in consequence of that work being done, the costs which are normally met under this paragraph are waived, then those costs shall, for a period not exceeding 8 weeks, be treated as payable.

5

Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in sub-paragraph (1)(e) (Crown tenants) includes water charges, that amount shall be reduced—

a

where the amount payable in respect of water charges is known, by that amount;

b

in any other case, by the amount which would be the likely weekly water charge had the property not been occupied by a Crown tenant.

Non-dependant deductions18

1

Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made—

F469a

in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, F897£95.45;

b

in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, F898£14.80;

2

In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in F175remunerative work, where the claimant satisfies the F246Secretary of State that the non-dependant’s gross weekly income is—

a

less than F899£136.00 the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

b

not less than F900£136.00 but less than F900£200.00 the deduction to be made under this paragraph shall be F900£34.00;

c

not less than F901£200.00 but less than F901£259.00 the deduction to be made under this paragraph shall be F901£46.65;

F218d

not less than F902£259.00 but less than F902£346.00 the deduction to be made under this paragraph shall be F902£76.35;

e

not less than F903£346.00 but less than F903£430.00 the deduction to be made under this paragraph shall be F903£86.95.

3

Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where, but for this sub-paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

4

In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2), to be couple’s or, as the case may be, all the members of the polygamous marriage’s, joint weekly income.

5

Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple of members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

6

No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

a

F831severely sight impaired or blind or treated as severely sight impaired or blind by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or

b

receiving in respect of himself either—

i

an attendance allowance; F792...

ii

the care component of the disability living allowanceF793; F797...

iii

the daily living component of personal independence paymentF798or

iv

armed forces independence payment.

7

No deduction shall be made in respect of a non-dependant—

a

if, although he resides with the claimant, it appears to the F247Secretary of State that the dwelling occupied as his home is normally elsewhere; or

b

if he is in receipt of a training allowance paid in connection with F623youth training established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

c

if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

d

if he is aged under 25 and in receipt of income support F204or an income-based jobseeker’s allowance; or

e

in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under F515 regulation 74 of the Housing Benefit Regulations 2006 (non-dependant deductions); or

f

to whom, but for paragraph (2C) of regulation 3 (definition of non-dependant) paragraph (2B) of that regulation would apply; or

g

if he is not residing with the claimant because he has been a patient for a period in excess of F37352 weeks, or is a prisoner, and for these purposes—

i

F526“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 21(3); and

ii

in calculating a period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or

F470h

if he is in receipt of state pension credit.

F609i

he is aged less than 25 and is in receipt of F763income-related employment and support allowance F885and is not a member of the work-related activity group or a member of the support group; or.

F802j

if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income.

8

In the case of a non-dependant to whom sub-paragraph (2) applies because he is in F176remunerative work, there shall be disregarded from his gross income—

a

any attendance allowance F794, disability living allowance or personal independence paymentF799or armed forces independence payment received by him;

b

any payment made under F696or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust F695, MFET LimitedF731, the Skipton Fund, the Caxton FoundationF884, the Scottish Infected Blood Support Scheme or the Independent Living F622Fund (2006) which, had his income fallen to be calculated under regulation 40 (calculation of income other than earnings), would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and

c

any payment which, had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments).

F8039

For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

Rounding of fractions19

Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

F516SCHEDULE 3APROTECTED SUM

Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)

Annotations:
Amendments (Textual)

InterpretationF5161

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protected sumF5162

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons not entitled to a protected sumF5163

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of applicationF5164

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of protected sumF5165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Termination of protected sumF5166

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protected personsF5167

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F517SCHEDULE 3BPROTECTED SUM

Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)

Annotations:
Amendments (Textual)

InterpretationF5171

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protected sumF5172

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons not entitled to a protected sumF5173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of protected sumF5174

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Termination of protected sumF5175

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications in cases of temporary absence and loss of entitlement to income supportF5176

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3C THE GREATER LONDON AREA

Regulation 2A(1)(b)

F388...

F388

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F329SCHEDULE 4

Regulation 19

Annotations:
Amendments (Textual)

F329PART Iapplicable amounts of persons in residential care and nursing homes

F3291

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3292

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3293

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3294

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3295

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residential care homesF3296

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nursing homesF3297

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3298

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3299

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32910

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32911

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances in which the maximum is not to applyF32912

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Personal allowancesF32913

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F329PART IIpersons to whom regulation 19 does not apply

F32914

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32915

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32916

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32917

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32918

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37SCHEDULE 5

Regulation 20

Annotations:
Amendments (Textual)
F37

Sch. 5 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 12

F37...

F37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37

F37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6BOARD AND LODGING AREAS

Regulation 20(2) paragraph 5 of Schedule 5

F34...

Annotations:
Amendments (Textual)

I67C11C43C46C47SCHEDULE 7APPLICABLE AMOUNTS IN SPECIAL CASES

F552Regulations 21 and 21AA

Annotations:
Commencement Information
I67

Sch. 7 in force at 11.4.1988, see reg. 1

Amendments (Textual)
F529

Sch. 7 para. 1 omitted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(5)(a)

F528

Sch. 7 para. 2 omitted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(5)(a)

F530

Sch. 7 para. 2A substituted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(5)(b)(ii)

F557

Words in Sch. 7 omitted (coming into force in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(8)(b)

F439

Words in Sch. 7 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 21(d)

F556

Words in Sch. 7 omitted (with application in accordance with reg. 1(5) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(3), 2(8)(c)

F71

Words in Sch. 7 para. 9(a)(v) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

F12

Words in Sch. 7 para. 10 omitted (11.4.1988) by virtue of The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(a)

F345

Sch. 7 paras. 10A-10C substituted (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(g)(4)) by The Social Security Benefits Up Rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 16(7), Sch. 4 Pt. I

F54

Words in Sch. 7 para. 11 inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(g)

F42

Words in Sch. 7 para. 11 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(c)

F51

Sch. 7 para. 11A inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(h)

F55

Sch. 7 para. 12 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(i)

F52

Sch. 7 para. 12A inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(j)

F346

Sch. 7 para. 13 substituted (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(g)(4)) by The Social Security Benefits Up Rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 16(7), Sch. 4 Pt. I

F347

Sch. 7 para. 13A substituted (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(g)(4)) by The Social Security Benefits Up Rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 16(7), Sch. 4 Pt. I

F182

Sch. 7 para. 13B amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1996 (S.I. 1996/599), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F43

Sch. 7 para. 14 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(e)

F44

Sch. 7 para. 15 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(e)

F440

Words in Sch. 7 substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 21(i)

F558

Words in Sch. 7 substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(8)(d)

F334

Words in Sch. 7 para. 19A omitted by S.I. 2001/3767, Sch. Pt. 1 para. 17(i) (as added) (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 4(2)(c)

Modifications etc. (not altering text)
C43

Sch. 7 applied (with modifications) (1.4.2015) by S.I. 2003/2382 (as amended by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 21(4)(c) (with art. 4))

C57

Sch. 7 para. 2A: sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(i), 20(1)(3), Sch. 4

C58

Sch. 7 para. 7: sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(i), 20(1)(3), Sch. 4

C62

Sch. 7 para. 8(a): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(i), 20(1)(3), Sch. 4

C59

Sch. 7 para. 17: sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(i), 20(1)(3), Sch. 4

Column (1)

Column (2)

PatientsF5291

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5291

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5282

. . .

F5282

. . .

F686Persons serving a sentence of imprisonment detained in hospital

2A

A person serving a sentence of imprisonment detained in hospital.

F5302A

C57Nil.

2B

F557. . .

F557. . .

3

F439F556. . .

4

F35. . .

F35. . .

5

F36. . .

F36. . .

Claimants without accommodation

6

A claimant who is without accommodation.

6

The amount applicable to him under regulation 17F20(1)(a) only.

Members of religious orders

7

A claimant who is a member of and fully maintained by a religious order.

7

C58Nil.

Prisoners

8

A person—

a

except where sub-paragraph (b) applies, who is a prisoner;

8

C62a

Nil;

b

who is detained in custody pending trial or sentence following conviction by a court.

b

only such amount, if any, as may be applicable under regulation 17F20(1)(e).

Specified cases of temporarily separated couples

9

A claimant who is a member of a couple and who is temporarily separated from his partner F41where—

a

one member of the couple is–

F480i

not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

iii

resident in premises used for the rehabilitation of alcoholics or drug addicts, or

iv

resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps), or

v

participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F71or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section F70of the 1973 Act, where the course requires him to live away from the dwelling occupied as the home, or

vi

in a probation or bail hostel approved for the purpose by the Secretary of State; and

b

the other member of the couple is–

i

living in the dwelling occupied as the home, or

ii

a patient, or

F481iii

residing in a care home, an Abbeyfield Home or an independent hospital.

9

Either—

a

the amount applicable to him as a member of a couple under regulation 17F20(1); or

b

the aggregate of his applicable amount and that of his partner assessed under the provisions of these Regulations as if each of them were a single claimant, or a lone parent,

whichever is the greater.

Polygamous marriages where one or more partners are temporarily separated

10

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

F482a

not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

c

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

resident in premises used for the rehabilitation of alcoholics or drug addicts; or

e

attending a course of training or instruction provided or approved by the F179Secretary of State for Education and Employment where the course requires him to live away from home; or

f

in a probation or bail hostel approved for the purpose by the Secretary of State.

10

Either—

a

the amount applicable to the members of the polygamous marriage under regulation 18; or

b

the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, or a lone parent,

whichever is the greater.

F345Single claimants temporarily in local authority accommodation

10A

F407

. . .

F407 . . .

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

10B

F408

. . .

F408 . . .

Lone parents who are in residential accommodation temporarily

10C

F406

. . .

F406. . .

F38Lone parents who are in residential care homes or nursing homes temporarily

10D

F110. . .

F110. . .

Couples where one member is abroad

11

F54Subject to paragraph 11A, a claimant who is a member of a couple and whose partner is temporarily not present in F25United Kingdom.

11

For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17F20(1), F330... F42or 21 as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17F20(1)F330... F42or 21 as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

F51Couple or member of couple taking child or young person abroad for treatment

11A

1

A claimant who is a member of a couple where either—

a

he or his partner is, or,

b

both he and his partner are

absent from the United Kingdom in F82in the circumstances specified in paragraph (2).

2

For the purposes of sub-paragraph (1), the specified circumstances are—

a

in respect of a claimant, those in regulation 4(3)(a) to (d);

b

in respect of a claimant’s partner, as if regulation 4(3)(a) to (d) applied to that partner.

11A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1)F331... or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1)F331... or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.

F55Polygamous marriages where any member is abroad

12

Subject to paragraph 12A, a claimant who is a member of a polygamous marriage where—

a

he or one of his partners is, or

b

he and one or more of his partners, are or

c

two or more of his partners are,

temporarily absent from the United Kingdom;

12

For the first four weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

F52Polygamous marriage: taking child or young person abroad for treatment

12A

1

A claimant who is a member of a polygamous marriage where—

a

he or one of his partners is,

b

he and one or more of his partners, are or

c

two or more of his partners are,

absent from the United Kingdom in F83in the circumstances specified in paragraph (2).

2

For the purposes of sub-paragraph (1), the specified circumstances are—

a

in respect of a claimant, those in regulation 4(3)(a) to (d);

b

in respect of a claimant’s partner or partners, as the case may be, as if regulation 4(3)(a) to (d) applied to that partner or those partners.

12A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

F346Persons in residential accommodation

13

F411

. . .

F411. . .

F347Polish Resettlement

13A

F409

. . .

F409. . .

F182Polish resettlement: Persons temporarily absent from accommodation

13B

F410

. . .

13B

F410

. . .

Polish Resettlement

14

F43

. . .

F43. . .

Resettlement Units

15

F44

. . .

F44. . .

Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home

16

F332. . .

F332. . .

F249 Partner of a person subject to immigration control

16A

a

A claimant who is the partner of a person subject to immigration control.

b

Where regulation 18 (polygamous marriages) applies and the claimant is a person–

i

who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

ii

to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

iii

who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support.

F24916A

a

F440 The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young person who is a member of his family and who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act, and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support, any amounts which may be applicable to him under regulation 17(1)(b), (c) or (d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.

F440The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.

b

F440 The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.

F440The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.

Persons from abroad

17

person from abroad

17

C59nil;

Persons in residential care or nursing homes who become patients

18

F333. . .

F333. . .

Claimants entitled to the disability premium for a past period19

A claimant—

a

whose time for claiming income support has been extended under regulation F26619(4) of the Social Security (Claims and Payments) Regulations 1987 F5 (time for claiming benefit); and

b

whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under F139regulation 6(3) of those Regulations and F140ending with the day before the day on which the claim is actually made; and

c

who satisfied the condition in F558paragraph 11(1)(b) of Schedule 2 and the additional condition referred to in that paragraph and specified in paragraph 12(1)(b) of that Schedule in respect of that period.

19

The amount only of the disability premium applicable by virtue of F558paragraph 11(1)(b) of Schedule 2 as specified in paragraph 15(4)(b) of that Schedule.

F297Persons who have commenced remunerative work19A

A person to whom regulation 6(5) (persons not treated as in remunerative work) applies.

F29819A

1

Subject to sub-paragraph (2), the lowest of either—

a

the amount determined in accordance with—

i

Schedule 3 (housing costs); F610...

ii

as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs), F611or

iii

as the case may be, Schedule 6 to the Employment and Support Allowance Regulations (housing costs),

which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a); or

b

the amount of income support F612, income-related employment and support allowance or, as the case may be, income-based jobseeker’s allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker’s allowance which he would have been entitled to in that week had he not been in receipt of a training allowance.

2

Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6), in order to reflect changes during that period to the amounts prescribed in Schedule 2 F334... or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified to in sub-paragraph (3).

3

The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant’s case occasioned by—

a

the claimant becoming entitled to income support for a continuous period of 26 weeks or more;

b

a change to the standard interest rate; or

c

any non-dependant deduction becoming applicable, or ceasing to be applicable.

4

In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.

Rounding of fractions20

Where any calculation under this Schedule or as a result of income support being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.

C12SCHEDULE 8SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

Regulations 36(2), 38(2) and 44(6)

Annotations:
Modifications etc. (not altering text)

F5741

1

In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

a

any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to income support;

b

any earnings, other than a payment of the nature described in F672sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from that employment which has not been terminated where the claimant is not—

i

engaged in remunerative work, or

ii

suspended from his employment.

2

This sub-paragraph applies to—

F673a

any payment of the nature described in—

i

regulation 35(1)(e), or

ii

section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and

b

any award, sum or payment of the nature described in—

i

regulation 35(1)(g) or (h), or

ii

section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),

including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.

F3891A

If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if the partner has attained the qualifying age for state pension credit on retirement.

F5752

1

In the case of a claimant to whom this paragraph applies, any earnings (other than a payment of the nature described in F674paragraph 1(2)(a) or (b)(ii)) which relate to employment which ceased before the first day of entitlement to income support whether or not that employment has terminated.

2

This paragraph applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged; but it does not apply to a claimant who has been suspended from his employment.

I123

In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner F13or, had the employment been in Great Britain, would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 30(2) (royalties etc.) applies.

I13F454

1

In a case to which this paragraph applies, F288£20; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than F288£20.

2

This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient F335... F483... would include, an amount by way of a disability premium under Schedule 2 (applicable amounts).

3

This paragraph applies where–

a

the claimant is a member of a couple, and–

i

his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the higher pensioner premium under that Schedule being applicable; or

ii

had he not been an in-patient F336... F484... his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

F412b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

This paragraph applies where–

a

the claimant’s applicable amount includes, or but for his being an in-patient F337... F485... would include, an amount by way of the higher pensioner premium under Schedule 2; and

b

F413the claimant’s partner has attained the qualifying age for state pension credit;

c

immediately before attaining that age F414... his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) F414... to a disregard of F288£20; and

d

he or, as the case may be, he or his partner has continued in part-time employment.

F2675

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2676

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467

For the purposes of this paragraph–

a

except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring–

i

F415on or after the date on which the claimant’s partner attained the qualifying age for state pension credit during which the partner was not engaged in part-time employment or the claimant was not entitled to income support F613or employment and support allowance; or

ii

immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 F74or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or to attend a course at an employment rehabilitation centre established under that section F72of the 1973 Act;

b

in a case where the claimant has ceased to be entitled to income support F613or employment and support allowance because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to income support F613or employment and support allowance, not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which F416the claimant’s partner attains the qualifying age for state pension credit.;

c

no account shall be taken of any period occurring on or after the date on which F417the claimant’s partner, if he is a member of a couple, attained the qualifying age for state pension credit during which the claimant was not entitled to income support F613or employment and support allowance because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F75or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section F73of the 1973 Act.

F2195

In a case where the claimant is a lone parent and paragraph 4 does not apply, F289£20.

I14F1976

Where the claimant is a member of a couple—

a

in a case to which none of paragraphs 4, 6A, 6B, 7 and 8 applies , £10; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this sub-paragraph are less than £10;

b

in a case to which one or more of paragraphs 4, 6A, 6B, 7 and 8 applies and the total amount disregarded under those paragraphs is less than £10, so much of the claimant’s earnings as would not in aggregate with the amount disregarded under those paragraphs exceed £10.

F1176A

1

In a case to which none of paragraphs 4 to 6 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 2 (applicable amounts), F290£20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of F362carer’s allowance or treated in accordance with paragraph 14ZA(2) of that Schedule as being in receipt of F362carer’s allowance.

2

Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed F290£20 of the aggregated amount.

F1176B

Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than F291£20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

a

specified in paragraph 7(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 6A exceed F291£20;

b

other than one specified in paragraph 7(1), so much of the other member’s earnings from such other employment up to £5 as would not when aggregated with the amount disregarded under paragraph 6A exceed F291£20.

I157

1

In a case to which none of paragraphs F1184 to 6B applies to the claimant, F292£20 of earnings derived from one or more employments as—

F815a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F813aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F812ab

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F814a

a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;

b

an auxiliary coastguard in respect of coast rescue activities;

c

a person engaged part time in the manning or launching of a life boat;

d

a member of any F844... reserve force prescribed in Part I of F540Schedule 6 to the Social Security (Contributions) Regulations 2001;

but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

2

If the claimant's partner is engaged in employment—

a

specified in sub-paragraph (1) so much of his earnings as would not in aggregate with the amount of the claimant's earnings disregarded under this paragraph exceed F292£20;

b

other than one specified in sub-paragraph (1) so much of his earnings from that employment up to £5 as would not in aggregate with the claimant's earnings disregarded under this paragraph exceed F292£20.

I168

Where the claimant is engaged in one or more employments specified in paragraph 7(1) but his earnings derived from such employments are less than F293£20 in any week and he is also engaged in any other part-time employment so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 7 exceed F293£20.

I179

In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.

Annotations:
Commencement Information
I17

Sch. 8 para. 9 in force at 11.4.1988, see reg. 1

I18F19810

Notwithstanding the foregoing provisions of this Schedule, 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, because it has not been practicable to treat the payments under regulation 31(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which they were due to be paid, there shall be disregarded from each payment the sum that would have been disregarded if the payment had been taken into account on the date on which it was due to be paid.

I1911

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

Annotations:
Commencement Information
I19

Sch. 8 para. 11 in force at 11.4.1988, see reg. 1

I2012

Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

Annotations:
Commencement Information
I20

Sch. 8 para. 12 in force at 11.4.1988, see reg. 1

I2113

Any earnings which is due to be paid before the date of claim and 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.

Annotations:
Commencement Information
I21

Sch. 8 para. 13 in force at 11.4.1988, see reg. 1

I2214

Any earnings of a child or young personF446except earnings to which paragraph 15 applies.

I2315

F447F95In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of “child”) is nonetheless treated for the purposes of these Regulations as receiving relevant education and who is engaged in remunerative work, if—

a

an amount by way of a disabled child premium under Schedule 2 (applicable amounts) isF338... included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent of that which he would, but for that disability normally be expected to earn, F294£20;

b

in any other case, £5.

F75215A

1

Where earnings to which sub-paragraph (2) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount (as specified in Part IV and Schedule 2) less 10 pence, the amount of those earnings corresponding to that excess.

2

This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 7, derived by the claimant from employment as a member of any F845... reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year F846or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.

F46015B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29915C

In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, any earnings.

I2416

In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work).

Annotations:
Commencement Information
I24

Sch. 8 para. 16 in force at 11.4.1988, see reg. 1

C13C15SCHEDULE 9SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

Regulation 40 (2)

Annotations:
Modifications etc. (not altering text)

I251

Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).

Annotations:
Commencement Information
I25

Sch. 9 para. 1 in force at 11.4.1988, see reg. 1

F7281A

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 F755a 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.

I262

Any payment in respect of any expenses incurredF322, or to be incurred, by a claimant who is—

a

engaged by a charitable or F141voluntary 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).

F6702A

Any payment in respect of expenses arising out of the F823claimant participating as a service user.

I273

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.

Annotations:
Commencement Information
I27

Sch. 9 para. 3 in force at 11.4.1988, see reg. 1

I284

In the case of a payment F593under Parts 11 toF35712ZB 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 F358or who is taking paternity leave F832, adoption leave or shared parental 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.

F84A

In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 F359, 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 F842F750... statutory paternity payF833, 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.

F6335

Any housing benefit to which the claimant is entitled.

F3665A

Any guardian’s allowance.

F4415B

–

1

Any child tax credit.

2

Any child benefit.

F7143

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.

F6305C

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.

I296

F634TheF92mobility component of disability living allowanceF795or the mobility component of personal independence payment.

I307

Any concessionary payment made to compensate for the non-payment of—

a

any payment specified in F93paragraph 6 F220or 9;

F635b

income support;

c

an income-based jobseeker’s allowance; F804...

d

an income-related employment and support allowanceF805; or

e

universal credit.

I318

Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

Annotations:
Commencement Information
I31

Sch. 9 para. 8 in force at 11.4.1988, see reg. 1

F1119

Any attendance allowance F796, the care component of disability living allowance or the daily living component of personal independence paymentF418....

F1299A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3210

Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.

Annotations:
Commencement Information
I32

Sch. 9 para. 10 in force at 11.4.1988, see reg. 1

F45411

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;

F636iii

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; F734...

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 ActF732; 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

F637c

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 F733or other payment made pursuant to any provision specified in sub-paragraph (1).

F34811A

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.

F26812

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42013

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 F614, 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.

F15214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I33F5615

F5411

Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.

F5432

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F542Sub-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).

F5434

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5435

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3545A

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.

F3396

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54415A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41915B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15716

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 F328or war widower’s pension;

c

a pension payable to a person as a F491widow, widower or surviving civil partner under F638... 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;

F471cc

a guaranteed income payment F639and, if the amount of that payment has been abated to less than £10 by a F675pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of F676that pension or payment as would not, in aggregate with F677any amount of the guaranteed income payment disregarded, exceed £10;

d

a payment made to compensate for the non-payment of such a pension F472or 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 F473pensions or payments mentioned in sub-paragraphs (a) to (cc) above;

F879f

a pension paid by a government to victims of National Socialist persecution;

F317g

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.

I3417

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;

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—

F136i

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.

F14218

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.

I69F13019

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by F143another 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—

F583a

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.

I68F13120

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.

I35F1421

1

F270Subject to sub-paragraphs (2) and (3), except where F271regulation 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 is received from the Macfarlane Trust F47, the Macfarlane (Special Payments) TrustF76, the Macfarlane (Special Payments) (No. 2) TrustF98, the FundF121, the Eileen TrustF697, MFET LimitedF735, the Skipton Fund, the Caxton FoundationF886, the Scottish Infected Blood Support SchemeF17or F119the Independent Living F624Fund (2006).

F2693

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.

F4764

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.

I3622

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 F2612 or 25 to 28 of Schedule 10.

2

Income derived from capital disregarded under paragraph 2 F274 or 25 to 28 of Schedule 10 but F115only 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.

F1163

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”.

I3723

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.

Annotations:
Commencement Information
I37

Sch. 9 para. 23 in force at 11.4.1988, see reg. 1

I3824

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.

Annotations:
Commencement Information
I38

Sch. 9 para. 24 in force at 11.4.1988, see reg. 1

I3925

1

Any payment made to the claimant in respect of a child or young person who is a member of his family—

F323a

F510pursuant 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 F641Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adopters) F727or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);

F221b

F640. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F678ba

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 F820child 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);

F457e

in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);

F448to the extent specified in sub-paragraph (2).

F5111A

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

F449In 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.

F44225A

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.

I40F71526

Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

a

by a local authority under—

i

section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

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).

F22227

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 F474but 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;F643 ...

F834dza

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);

F757da

a clinical commissioning group established under section 14D of the National Health Service Act 2006;

F757db

the National Health Service Commissioning Board; or

F758e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F642f

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.

F58428

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, or

c

section F71622,F87326A, 29 or 30 of the Children (Scotland) Act 1995.

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 F71722 orF874, 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

F875b

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.

F15529

1

Subject to sub-paragraph (2) 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 paragraph 15 or 16 of Schedule 3 (housing costs in respect of loans to acquire an interest in a dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed the aggregate of—

a

the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 3 (housing costs);

b

the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and

c

any amount due by way of premiums on—

i

that policy, 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.

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).

F15330

1

Except where paragraph 29 F226or 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 under Schedule 3 (housing costs);

b

any interest payment or charge which qualifies in accordance with paragraphs 15 to 17 of Schedule 3 to the extent that the payment or charge is not met;

c

any payment due on a loan which qualifies under paragraph 15 or 16 of Schedule 3 attributable to the payment or capital;

d

any amount due by way of premiums on—

i

F177an 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 F340exceeds the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 F835or Part 1 of the Care Act 2014 (care and support).

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).

F22330ZA

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.

F12730A

1

Subject to sub-paragraphs (2) and (3), in the case of a claimant F486residing in a care home, an Abbeyfield Home or an independent hospital, any payment, F555except a charitable or voluntary payment disregarded under paragraph 15F545..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home F490or hospital.

2

This paragraph shall not apply to a claimant for whom accommodation in a F487care home, an Abbeyfield Home or an independent hospital is provided by

F836a

a local authority under section 26 of the National Assistance Act 1948F341.... F837or

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).

3

The amount to be disregarded under this paragraph shall not exceed the difference between—

F342a

the claimant’s applicable amount; and

b

the weekly charge for the accommodation.

I41F9631

Any social fund payment made pursuant to F644Part 8 of the Contributions and Benefits Act.

F76031A

Any local welfare provision.

I4232

Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.

Annotations:
Commencement Information
I42

Sch. 9 para. 32 in force at 11.4.1988, see reg. 1

I4333

Any payment under F645Part 10 of the Contributions and Benefits Act (pensioner's Christmas bonus).

I4434

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.

Annotations:
Commencement Information
I44

Sch. 9 para. 34 in force at 11.4.1988, see reg. 1

I4535

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.

Annotations:
Commencement Information
I45

Sch. 9 para. 35 in force at 11.4.1988, see reg. 1

I4636

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)F57, regulation 66A(2) (treatment of student loans)F281, regulation 66B(3) (treatment of payments from access funds) and F546paragraph 16 shall in no case exceed F181£20 per week.

I4737

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.

Annotations:
Commencement Information
I47

Sch. 9 para. 37 in force at 11.4.1988, see reg. 1

F52738

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7739

1

Any payment made under F700or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), F100the FundF122, the Eileen TrustF698, MFET LimitedF736, the Skipton Fund, the Caxton FoundationF887, the Scottish Infected Blood Support Scheme or F120the Independent Living F625Fund (2006).

2

Any payment by or on behalf of a person who is suffering or who suffered from haemophilia F100or who is or was a qualifying person, which derives from a payment made under F700or by 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 F492or 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 F101or 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 F493or, 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 F700or by any of the Trusts to which sub-paragraph (1) refers and which is made to or fro the benefit of—

a

the person who is suffering from haemophilia F102or 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 F103or who is a qualifying person, which derives from a payment under F700or by 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 F494or 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 F277full-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 F103or who was a qualifying person, which derives from a payment under F700or by 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 F495or 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 F278full-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.

F1047

For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund F458, the Eileen Trust F699, MFET LimitedF506, the Skipton FundF737, the Caxton FoundationF888, the Scottish Infected Blood Support Scheme and the London Bombings Relief Charitable Fund.

F2140

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

F59441

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59442

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3043

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.

F11244

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62645

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59546

Any payment in consequence of a reduction of council tax under section 13 F764, 13A or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).

F64647

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64748

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, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).

F64749

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).

F6050

Any payment made either by the Secretary of State for F571Justice or by the F648Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody.

F8451

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 F421... to assist disabled persons to obtain or retain employment despite their disability.

F62952F759

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62953

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.

F62954

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.

F13255

In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to F496widows, 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 F497widow, 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

F649b

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).

F569F65457

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F19958

Any payment made F667... F816as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F701, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) F838or under sections 31 to 33 of the Care Act 2014 (direct payments),F463or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F372or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments).

C15F42259

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F42360

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1561

1

Any payment specified in sub-paragraph (2) to a claimant who was formerly a F287student 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;

F238b

any student loan as defined in Chapter VIII of Part V;

F238c

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.

C15F42462

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F42562A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F42663

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F22964

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F22464

1

Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under F283the 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.

C15F42765

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F22866

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 F477section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the provision of accommodation or welfare services to which F272Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers, F839or the provision of care and support under Part 1 of the Care Act 2014 (care and support), which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person F488living in a care home, an Abbeyfield Home or an independent hospital).

C15F23669

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) F343..., 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.

C15F46170

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15F25071

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.

C15F25072

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.

F70973

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—

    1. a

      the Child Support Act 1991;

    2. b

      the Child Support (Northern Ireland) Order 1991;

    3. c

      a court order;

    4. d

      a consent order;

    5. e

      a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

  • “liable relative” means a person listed in regulation 54 (interpretation) other than a person falling within sub-paragraph (d) of that definition.

C15F30074

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.

C15F32075

Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.

C15

F36376

F3851

Any payment made by a local authority, or by the F659Welsh 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.

F80076A

Armed forces independence payment

C15F42877

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15

F42978

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82479

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

F89280

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.

C7C7C14SCHEDULE 10CAPITAL TO BE DISREGARDED

Regulation 46(2)

Annotations:
Modifications etc. (not altering text)

I481

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.

Annotations:
Commencement Information
I48

Sch. 10 para. 1 in force at 11.4.1988, see reg. 1

F7291A

Any payment in respect of any travel or other expenses incurred, or to be incurred, by the claimant in respect of that claimant’s participation in F756a 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, but only for 52 weeks beginning with the date of receipt of the payment.

I492

Any premises acquired for occupation by the claimant which he intends to occupy F28as 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.

I503

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.

Annotations:
Commencement Information
I50

Sch. 10 para. 3 in force at 11.4.1988, see reg. 1

I514

Any premises occupied in whole or in part by—

a

a partner or relative of F66a single claimant or any member of the family F29as his home where that person F702has attained the qualifying age for state pension credit or is incapacitated;

b

the former partner of a claimant F16... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced F498or with whom he formed a civil partnership that has been dissolved.

F1545

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,

I52C56

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.

F672

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.

F2273

In the case of a person who is receiving assistance under F282the 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.

I537

C8F3501

Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

a

any payment specified in paragraph 6, F94 8 F349or 9 of Schedule 9 (other income to be disregarded);

F596b

an income-related benefit F615, an income-related employment and support allowance or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002;

F475c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F321d

any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001F806;

e

universal credit

F894f

bereavement support payment under section 30 of the Pensions Act 2014,

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

F3512

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.

F3513

For the purposes of sub-paragraph (2), “the award of income support” means—

a

the award F808of any of income support F616, an income-related employment and support allowanceF807, an income-based jobseeker’s allowance or universal credit 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 F809any of income support F617, an income-related employment and support allowanceF807, an income-based jobseeker’s allowance or universal credit 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 sumF810, or

iv

in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum.

I548

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.

Annotations:
Commencement Information
I54

Sch. 10 para. 8 in force at 11.4.1988, see reg. 1

I559

Any sum—

a

deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 F6 or section 338(1) of the Housing (Scotland) Act 1987 F7 as a condition of occupying the home;

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.

Annotations:
Commencement Information
I55

Sch. 10 para. 9 in force at 11.4.1988, see reg. 1

Amendments (Textual)

I5610

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 F597... income support or to increase the amount of that benefit.

I5711

The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.

Annotations:
Commencement Information
I57

Sch. 10 para. 11 in force at 11.4.1988, see reg. 1

I58F6812

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant F535or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.

F53412A

1

Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

2

But sub-paragraph (1)—

a

applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

b

does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

c

ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

d

does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

3

For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

4

References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

I5913

The value of the right to receive any income under a life interest or from a liferent.

Annotations:
Commencement Information
I59

Sch. 10 para. 13 in force at 11.4.1988, see reg. 1

I6014

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).

Annotations:
Commencement Information
I60

Sch. 10 para. 14 in force at 11.4.1988, see reg. 1

I6115

The surrender value of any policy of life insurance.

Annotations:
Commencement Information
I61

Sch. 10 para. 15 in force at 11.4.1988, see reg. 1

I6216

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

Annotations:
Commencement Information
I62

Sch. 10 para. 16 in force at 11.4.1988, see reg. 1

F58517

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, or

c

section F87626A, 29 or 30 of the Children (Scotland) Act 1995.

2

Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 F877or section 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

F878b

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.

I63F9718

Any social fund payment made pursuant to F650Part 8 of the Contributions and Benefits Act.

F76118A

Any local welfare provision.

I6419

Any refund of tax which falls to be deducted under F651section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) 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.

I6520

Any capital which under F58regulation 41F450, 44(1) or 66A (capital treated as incomeF450, modifications in respect of children and young persons or treatment of student loans) is to be treated as income.

I6621

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.

Annotations:
Commencement Information
I66

Sch. 10 para. 21 in force at 11.4.1988, see reg. 1

F7822

1

Any payment made under F705or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), F105the FundF123, the Eileen TrustF703, MFET LimitedF452, the Independent Living F627Fund (2006)F507, the Skipton Fund F738, the Caxton FoundationF889, the Scottish Infected Blood Support Scheme or the London Bombings Relief Charitable Fund.

2

Any payment by or on behalf of a person who is suffering or who suffered from haemophilia F105or who is or was a qualifying person, which derives from a payment made under F705or by 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 F499or 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 F106or 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 F500or, 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 from a payment made under F705or by 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 F107or 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 F108or who is a qualifying person, which derives from a payment under F705or by 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 F501or 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 F279full-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 F108or who was a qualifying person, which derives from a payment under F705or by 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 F502or 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 F280full-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.

F1097

For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund F453, the Eileen Trust F704, MFET LimitedF508, the Skipton FundF739, the Caxton FoundationF890, the Scottish Infected Blood Support Scheme and the London Bombings Relief Charitable Fund.

F50922A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F923

The value of the right to receive an occupational F81or personal pension.

F14923A

The value of any funds held under a personal pension scheme F570....

F924

The value of the right to receive any rent F156except where the claimant has a reversionary interest in the property in respect of which rent is due.

F1525

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from F503, or dissolution of his civil partnership with, his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwellingF365or, 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.

F1526

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.

F3327

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.

F1528

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.

F2229

Any payment in kind made by a charity F48or under F706or by the Macfarlane (Special Payments) TrustF99, the Macfarlane (Special Payments) (No. 2) Trust F576the FundF707, MFET LimitedF740, the Skipton Fund, the Caxton FoundationF891, the Scottish Infected Blood Support SchemeF628... or the Independent Living Fund (2006).

F43030

Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.

F2231

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

F59832

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59833

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3134

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.

F11335

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4936

Any payment in consequence of a reduction of F599... F114council tax under section 13 F765, 13A 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.

F5337

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.

F65238

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),

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 Scottish Ministers or the Welsh Ministers 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.

F65239

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), but only for a period of 52 weeks from the date of receipt of the payment.

F66239A

Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant).

F6140

Any payment made either by the Secretary of State for F572Justice or by the F653Scottish Ministers 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.

F65541

Any arrears of supplementary pension which is disregarded under paragraph 54 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.

F8542

Any payment (other than a training allowanceF431...) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 F432... to assist disabled persons to obtain or retain employment despite their disability.

F8543

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.

F53644

1

Any sum of capital to which sub-paragraph (2) applies and—

a

which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

b

which can only be disposed of by order or direction of any such court; or

c

where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

2

This sub-paragraph applies to a sum of capital which is derived from—

a

an award of damages for a personal injury to that person; or

b

compensation for the death of one or both parents where the person concerned is under the age of 18.

F13345

Any sum of capital administered on behalf of a person F214... in accordance with an order made under F387section 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 F205where the person concerned is under the age of 18.

F18046

Any payment to the claimant as holder of the Victoria Cross or George Cross.

F65647

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65648

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65649

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43350

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43450A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43551

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C6F22552

In the case of a person who is receiving, or who has received, assistance under F284the 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.

F43653

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23756

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) F344..., 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.

F46257

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31857

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25158

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.

F25159

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.

F25260

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.

F28561

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 F504or deceased civil partner; or

d

the claimant’s partner’s deceased spouse F504or deceased civil partner,

by the Japanese during the Second World War, £10,000.

F30162

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.

F45563

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;

F657iii

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; F743...

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 ActF741; 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

F658c

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 F742or other payment made pursuant to any provision specified in sub-paragraph (1).

F31964

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 F53120,

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 F53220,

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 F489residing in a care home, an Abbeyfield Home or an independent hospital 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.

F32465

The amount of a payment, other than a war pension F660..., to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse F505or deceased civil partner or the claimant’s partner’s deceased spouse F505or deceased civil partner—

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.

F36466

F3861

Any payment made by a local authority, or by the F661Welsh 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.

F37867

Any payment made under F840sections 31 to 33 of the Care Act 2014 (direct payments) or underF668... regulations made under section 57 of the Health and Social Care Act 2001 or F817as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F708, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care).

F51268

Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.

F45668A

Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).

F43769

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43870

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82571

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

F89372

Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.