F175SCHEDULE 1PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT
Lone parentsF1751
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Single persons looking after foster childrenF1752
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons temporarily looking after another personF1753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons caring for another personF1754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1754A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons incapable of workF1755
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disabled workersF1756
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons in employment living in residential care homes, nursing homes or residential accommodationF1756A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disabled studentsF1757
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1757A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1757B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Blind personsF1758
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PregnancyF1759
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons in educationF17510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Training allowancesF17511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Open University studentsF17512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons within 10 years of pensionable ageF17513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons aged 60F17514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Allowances under the Job Release Act 1977F17515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RefugeesF17516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons required to attend courtF17517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discharged prisonersF17518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons affected by a trade disputeF17519
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons from abroadF17520
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons in custodyF17521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Member of couple looking after children while other member temporarily abroadF17522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons taking a child or young person abroad for treatmentF17523
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F175SCHEDULE 1ACIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT
F175PART IPERS0NS ELIGIBLE UNTIL 18
F1751
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1752
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F175PART IIPERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)
F1755
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1756
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1757
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1758
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1759
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1759A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176SCHEDULE 1BPRESCRIBED CATEGORIES OF PERSON
Sch. 1B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 22, Sch. 1
F720Lone 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 childrenF7782
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.
F638Single 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 F632temporarily 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 F183... F738F733, 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 F184... 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
F185iia
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;F286or
iii
the person being cared for has claimed entitlement to a disability living allowance F734, armed forces independence paymentF739or 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
F186iiia
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 allowanceF740; 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;
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.
F648Persons treated as capable of work and persons entitled to statutory sick pay7
A person who—
c
is treated as capable of work by virtue of regulations made under section 171E(1) of F680the Contributions and Benefits Act (disqualification etc.); or
d
is entitled to statutory sick pay.
F884Certain persons in receipt of the daily living component of personal independence payment7A
A person who is in receipt of the daily living component of personal independence payment at the enhanced rate but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the Social Security (Incapacity for Work) (General) Regulations 1995.
Disabled workersF6538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons in employment living in residential care homes, nursing homes or residential accommodationF6539
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F279Persons who have commenced remunerative work9A
A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.
Disabled students
F650C2910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
A person who is a F257full-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 studentsF651C3012
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Blind personsF652C3113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pregnancy14
A woman who—
a
is incapable of work by reason of pregnancy; or
F232Parental 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
2
In this paragraph “remuneration” means payment of any kind F349and “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 RegulationsF356but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.
F337Paternity Leave14B
1
2
The conditions for the purposes of sub-paragraph (1) are—
a
3
In this paragraph “remuneration” means payment of any kind F351and “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 RegulationsF358but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.
F919Parental Bereavement Leave14C
1
A person who is entitled to, and is taking, parental bereavement leave by virtue of section 80EA 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 that the person—
a
is not entitled to statutory parental bereavement pay by virtue of Part 12ZD of the Contributions and Benefits Act, or to any remuneration from their employer in respect of that leave for the period to which the claim for income support relates;
b
is entitled to working 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 and “family element” means the amount specified in regulation 7(3) of the Child Tax Credit Regulations 2002 but subject in any case to calculations of that amount 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, F497disabled persons, persons with limited leave to enter or remain, orphans and persons estranged from their parents or guardian) applies.
F716Certain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced education15A
F7151
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.
F7135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this paragraph—
“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);
F714“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—
- a
provided at a school or college, or
- 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)
- a
“parent” includes a person acting in place of a parent which—
- a
for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and
- b
for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).
- a
Certain persons aged 50 who have not been in remunerative work for 10 yearsF52516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain persons aged between 55 and 60 whose spouse or civil partner has diedF49816A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons aged 60 or overF37117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F54618A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F511Persons 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).
F654Persons 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 F226which 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 F225decision 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 F247personal capability assessment) that he is not incapable of work; and
b
who has made and is pursuing an appeal against the F227decision which embodies a determination that he is not so incapable,
but only for the period F445beginning with the date on which that determination takes effect until the determination of his appeal.
F56126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56127
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F496Persons engaged in training28
A person who is F499not 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 F270secured by the F679F721Secretary of StateF810... or by the F601Welsh Ministers and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, F633Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).
C9C35SCHEDULE 2APPLICABLE AMOUNTS
Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19
Sch. 2 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
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))
C35PART Ipersonal allowances
I1C38F9631
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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
F1771A
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.
I2F9082
F424(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).
|
| ||
|---|---|---|---|
|
| ||
| |||
|
|
|
|
|
|
|
|
F1902
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.
F3782A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IIfamily premium
I33
F425F2031
F2042
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.
F2387
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.
C35PART IIIpremiums
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 F192F287paragraphs 9F287paragraphs 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.
F2886
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
F426a 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 F170Secretary of State F562... under section 2 of the Employment and Training Act 1973 F2F69or by F634Skills 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 F342carer’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, F735... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF736or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF737or armed forces independence payment.
C35Lone Parent PremiumF1938
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C35 Bereavement PremiumF5518A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C35Pensioner premium for persons under 75F3769
The condition is that the claimant has a partner aged F658not less than the qualifying age for state pension credit but less than 75.
C35Pensioner premium for persons 75 and overF3799A
The condition is that the claimant has a partner aged not less than 75 but less than 80.
C35Higher Pensioner PremiumI710
F3771
F538Subject 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 F659not less than the qualifying age for state pension credit and either—
i
the additional condition specified in F380paragraph 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 F661the 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 F662the 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 F240or 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 F375sub-paragraph (1)(b)(ii) is concerned, if a claimant ceases to be entitled to F240or treated as entitled to income support for a period not exceeding eight weeks which includes F660the 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.
F2174
F2395
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.
F5376
The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.
C35Disability PremiumI811
F5391
F540Subject to sub-paragraph (2), the condition is that—
a
where the claimant is a single claimant or a lone parent,F372... the additional condition specified in paragraph 12 is satisfied; or
F5412
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.
C35Additional 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, F741armed forces independence payment,F742personal independence payment,F352the 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, F145long-term incapacity benefit under F133Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that ActF10but, in the case of F145long-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
F790iii
is certified as severely sight impaired or blind by a consultant ophthalmologist; or
C32F144b
the claimant—
i
is entitled to statutory sick pay or F149is, 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 incapableF150, 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
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
F374c
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 F831or 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 F5012A F543... of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance F743, disability living allowance or personal independence payment—
i
but payment of that benefit has been suspended under the F432Social Security (Attendance Allowance) Regulations 1991 F744, 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.
C33F2181A
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 F527104 weeks.
F7912
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.
F1463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
For the purpose of F383sub-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 F383sub-paragraph (1)(c) and (d).
C34F325
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.
F1436
For the purposes of F384sub-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.
F4407
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C35Severe 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 claimantF124, 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, F745... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF746or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF752or armed forces independence payment, and
b
F241in the case of a claimant who has a partner—
i
he is in receipt of attendance allowanceF89, F747... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF748or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF753or 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 F137normally residing with him or with whom he is normally residing,
and, either F242a person is entitled to, and in receipt of, F342a carer’s allowanceF813or 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 allowanceF814or has such an award of universal credit in respect of caring for either member of the couple or any partner of the polygamous marriage.
F1232A
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is F792severely 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, F749... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF750or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF754or armed forces independence payment; or
F127b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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; F125or
d
a person who is F793severely 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 treatedF244...—
a
F246b
as being entitled to and in receipt of F342a carer’s allowanceF815or 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 F816of carer’s allowance or have such an award of universal credit.
F751c
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.
F1343ZA
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of F342carer’s allowanceF817or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before F532the 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.
F3095
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of F342a carer’s allowanceF818or 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 F819or had such an award but for the application of a restriction under section F6576B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
F8116
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.
C35F280Enhanced disability premium13A
F755F7561
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.
F7561ZA
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.
F6861A
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 F697or 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).
F5442
The condition is not satisfied if the person to whom sub-paragraph (1) refers is—
C50a
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.
C35Disabled Child PremiumF54514
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; F687...
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 deathF757; 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 familyF758; or
e
in receipt of armed forces independence payment.
2
The condition F689in sub-paragraph (1)(a) F786, (b), (d) or (e) is not satisfied in respect of a child or young person—
C51a
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.
C35F59Carer premium14ZA
1
F3602
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3333
Where a carer premium is awarded but—
a
the person in respect of whose care the F342carer’s allowance has been awarded dies; or
b
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
F363b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in any other case, the date on which the person who has been entitled to F342a carer’s allowance ceases to be entitled to that allowance.
4
Where a person who has been entitled to F342a 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–
F364b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F365in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
C35F18Persons 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.
C35F50Person 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.
C35F958PART IVWeekly amounts of premiums specified in part III
Sch. 2 Pt. IV table substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(i), 21(5), Sch. 3
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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.
C10C36C39F147SCHEDULE 3 HOUSING COSTS
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
Sch. 3 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
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))
Sch. 3 applied (with modifications) (6.4.2016) by S.I. 2007/1104 (as amended (W.) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 91)
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 F886under paragraph 17.
C162
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
c
who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.
e
who is entitled to an award of universal credit F839and 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.) F574or 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).
F196F555Previous entitlement to income-based jobseeker’s allowance F575, 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 F576or 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
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 F576or income-related employment and support allowance was last determined.
F5561A
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 F890paragraph 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 F576or income-related employment and support allowanceF557or (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 F258full-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 F258full-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 F529from 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
F516ii
the move was delayed pending F729 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—
F446i
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 F590section 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 F259full-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 dwellingF157, 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;
F640ba
“period of study” has the meaning given in regulation 61(1) (interpretation);
F456c
“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, F635Skills 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 F457living 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.
F8912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8914A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8914B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8916
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8917
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8918
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8919
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C423
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 costsF8216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional ProtectionF8227
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F823Housing costsC178
C20C19C181
F824Subject to the provisions of this Schedule, the ... housing costs to be met in any particular case are—
a
where the claimant has been F158entitled to income support for a continuous period of 39 weeks or more, an amount—
F894i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
equal to any payments which qualify under paragraph 17(1)(a) to (c);
C43b
in any other case, nil.
F8931A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8921B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8252
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8253
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8254
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8255
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General exclusions from F827paragraph 8C219
C221
F826Paragraph 8 shall not apply where—
F385a
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—
F895i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
The calculation for loansF88510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General provisions applying to F828... housing costsC61F88511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The standard rateF88512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Excessive Housing CostsF88513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Linking rule14
1
F692...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 F228determined that he was entitled to income support; and
ii
F182aa
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 F229determined 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 F296or, 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 F297or, 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;
F199ee
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 1996F291, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F564..., 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 F298or, 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.
F6932
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F591or 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.
F1983ZA
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 F293, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF563...F249or 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 F294or activity.
F1593A
F8963AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1973B
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 F292, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F565... 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 F502£16,000; or
b
income F690equal to or exceeding the applicable amount which applies in his case, or
c
both capital exceeding F503£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 F160more than 39 weeks which comprises only days—
a
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 F220regulation 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.
F1615A
Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom F179paragraph 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.
F1615B
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;
F180b
is a F260full-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
F162sub-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 F897any payment which qualifies under paragraph 17,
F1657
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C23C24C259
Where sub-paragraph (8) applies, in determining—
F829a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
for the purposes of paragraph 8(1) whether a claimant has been F166entitled 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.
F21910
F28911
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; F290or
iv
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 F566...,
and, as a consequence, he or his partner was engaged in remunerative work or had income F691equal to or in excess of the applicable amount as prescribed in Part IV.
C2613
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 F830... 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.
F38614
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.
F57915
For the purpose of determining whether the linking rules set out in this paragraph apply in a case where F580a 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 propertyF89815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loans for repairs and improvements to the dwelling occupied as the homeF89816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F899Housing 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 F517...;
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 F491paragraph 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 F492paragraph 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 F900the meaning in sub-paragraph (6).
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.
F9016
For the purposes of sub-paragraph (2)(c), “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 a 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 system;
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 persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.
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—
F447a
in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, F964£102.85;
b
in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, F965£15.95;
2
In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in F167remunerative work, where the claimant satisfies the F230Secretary of State that the non-dependant’s gross weekly income is—
C52a
less than F920£149.00 the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);
F9022A
Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.
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
F795severely 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
7
No deduction shall be made in respect of a non-dependant—
a
if, although he resides with the claimant, it appears to the F231Secretary 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 F593youth 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 F194or 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 F493 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 F35452 weeks, or is a prisoner, and for these purposes—
i
F504“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
F448h
if he is in receipt of state pension credit.
F581i
F769j
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 F168remunerative work, there shall be disregarded from his gross income—
a
b
F931any Grenfell Tower payment or any payment made under F665or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust F664, MFET LimitedF698, the Skipton Fund, the Caxton FoundationF843, the Scottish Infected Blood Support SchemeF861, an approved blood schemeF854, the London Emergencies Trust, the We Love Manchester Emergency FundF932, the National Emergencies Trust or the Independent Living F592Fund (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).
F862d
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
F7709
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.
F494SCHEDULE 3APROTECTED SUM
Sch. 3A revoked (3.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(5), 2(4)(e)
InterpretationF4941
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protected sumF4942
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons not entitled to a protected sumF4943
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period of applicationF4944
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reduction of protected sumF4945
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Termination of protected sumF4946
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protected personsF4947
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495SCHEDULE 3BPROTECTED SUM
Sch. 3B revoked (3.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(5), 2(4)(f)
InterpretationF4951
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protected sumF4952
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons not entitled to a protected sumF4953
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reduction of protected sumF4954
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Termination of protected sumF4955
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modifications in cases of temporary absence and loss of entitlement to income supportF4956
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3C THE GREATER LONDON AREA
F369...
F369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F311SCHEDULE 4
Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. I para. 16
F311PART Iapplicable amounts of persons in residential care and nursing homes
F3111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residential care homesF3116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nursing homesF3117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Circumstances in which the maximum is not to applyF31112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal allowancesF31113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F311PART IIpersons to whom regulation 19 does not apply
F31114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37SCHEDULE 5
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
F34...
Sch. 6 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 10 (with reg. 28)
I67C11C37C40C41SCHEDULE 7APPLICABLE AMOUNTS IN SPECIAL CASES
Sch. 7 in force at 11.4.1988, see reg. 1
Words in Sch. 7 heading substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(8)(a)
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)
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)
Words in Sch. 7 substituted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 3(3)
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)
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)
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)
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)
Sch. 7 para. 4 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 10 (with reg. 28)
Sch. 7 para. 5 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 10 (with reg. 28)
Word in Sch. 7 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23
Words in Sch. 7 para. 9 substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 11(a)
Sch. 7 para. 9(a)(i) substituted for Sch. 7 para. 9(a)(i)(ii) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 10(a)(i)
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.
Words in Sch. 7 para. 9(a)(v) added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(e)
Sch. 7 para. 9(b)(iii) substituted for Sch. 7 para. 9(b)(iii)(iv) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 10(a)(ii)
Sch. 7 para. 10(a) substituted for Sch. 7para. 10(a)(b) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 10(b)
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)
Words in Sch. 7 para. 10 substituted (1.1.1996) by The Transfer of Functions (Education and Employment) Order 1995 (S.I. 1995/2986), arts. 1, 6(5)
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
Sch. 7 para. 10A omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 8(a)(i)
Sch. 7 para. 10B omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 8(a)(ii)
Sch. 7 para. 10C omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 8(a)(iii)
Sch. 7 para. 10D inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 11(b)
Sch. 7 para. 10D omitted (1.4.1993) by virtue of The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 6(c)
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)
Words in Sch. 7 para. 11 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(c)
Words in Sch. 7 para. 11 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 17(c)
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)
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)
Words in Sch. 7 para. 11A substituted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 19(a) (with reg. 1(2))
Word in Sch. 7 para. 11A omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 17(d)
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)
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)
Words in Sch. 7 para. 12A substituted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 19(b) (with reg. 1(2))
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
Sch. 7 para. 13(1) omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 8(a)(iv)
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
Sch. 7 para. 13A omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 8(a)(v)
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
Sch. 7 para. 13B omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 8(a)(vi)
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)
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)
Sch. 7 para. 16 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 17(f)
Sch. 7 para. 16A inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(10)(a)
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)
Sch. 7 para. 18 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 17(h)
Word in Sch. 7 para. 19 substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 6
Words in Sch. 7 para. 19(b) substituted (10.4.1995) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 26(3)(a) (with reg. 1(2))
Words in Sch. 7 para. 19(b) substituted (10.4.1995) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 26(3)(b) (with reg. 1(2))
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)
Sch. 7 para. 19A inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 7(a)
Sch. 7 para. 19A inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 7(b)
Word in Sch. 7 para. 19A(1)(i) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(12)(a)(i)(aa)
Word and Sch. 7 para. 19A(1)(iii) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(12)(a)(i)(bb)
Words in Sch. 7 para. 19A(1)(b) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(12)(a)(ii)
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)
Sch. 7 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
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))
Sch. 7 applied (with modifications) (6.4.2016) by S.I. 2007/1104 (as amended (W.) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 92(2)(3))
Sch. 7 applied (with modifications) (6.4.2016) by S.I. 2007/1104 (as amended (W.) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 93)
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
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
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
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) |
|---|---|
|
|
|
|
F655Persons serving a sentence of imprisonment detained in hospital | |
| |
| F535. . . |
| F35. . . |
| F36. . . |
Claimants without accommodation | |
|
|
Members of religious orders | |
|
|
Prisoners | |
| |
|
|
|
|
Specified cases of temporarily separated couples | |
|
|
Polygamous marriages where one or more partners are temporarily separated | |
|
|
F327Single claimants temporarily in local authority accommodation | |
| F388 . . . |
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation | |
| F389 . . . |
Lone parents who are in residential accommodation temporarily | |
| F387. . . |
F38Lone parents who are in residential care homes or nursing homes temporarily | |
| F109. . . |
Couples where one member is abroad | |
| |
F51Couple or member of couple taking child or young person abroad for treatment | |
|
|
F55Polygamous marriages where any member is abroad | |
|
|
F52Polygamous marriage: taking child or young person abroad for treatment | |
|
|
F328Persons in residential accommodation | |
| F392. . . |
F329Polish Resettlement | |
| F390. . . |
F174Polish resettlement: Persons temporarily absent from accommodation | |
|
|
Polish Resettlement | |
| F43. . . |
Resettlement Units | |
| F44. . . |
Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home | |
| F314. . . |
F233 Partner of a person subject to immigration control | |
|
|
Persons from abroad | |
|
|
Persons in residential care or nursing homes who become patients | |
| F315. . . |
|
|
|
|
| |
C12SCHEDULE 8SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
Sch. 8 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)
F5521
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 F641sub-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—
F642a
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.
F3701A
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.
F5532
1
In the case of a claimant to whom this paragraph applies, any earnings (other than a payment of the nature described in F643paragraph 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, F272£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 F272£20.
2
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
F393b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
This paragraph applies where–
a
b
F394the claimant’s partner has attained the qualifying age for state pension credit;
c
d
he or, as the case may be, he or his partner has continued in part-time employment.
F2515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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 F585or 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 F585or 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 F397the 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 F398the 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 F585or 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.
F2065
In a case where the claimant is a lone parent and paragraph 4 does not apply, F273£20.
I14F1876
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.
F1166A
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), F274£20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of F343carer’s allowance or treated in accordance with paragraph 14ZA(2) of that Schedule as being in receipt of F343carer’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 F274£20 of the aggregated amount.
F1166B
Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than F275£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 F275£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 F275£20.
I157
1
In a case to which none of paragraphs F1174 to 6B applies to the claimant, F276£20 of earnings derived from one or more employments as—
F782a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F780aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F779ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F781a
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
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 F276£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 F276£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 F277£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 F277£20.
I179
In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.
I18F18810
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.
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.
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.
I2214
Any earnings of a child or young personF427except earnings to which paragraph 15 applies.
I2315
F428F94In 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) isF320... 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, F278£20;
b
in any other case, £5.
F71915A
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 F808... 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 F809or 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.
F44115B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28315C
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).
C13C15SCHEDULE 9SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
Sch. 9 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)
Sch. 9 applied (with modifications) (1.10.2007) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment No.2) Regulations 2007 (S.I. 2007/2590), regs. 1(1), 2(2))
I251
Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).
F6951A
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 F722a 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 incurredF305, or to be incurred, by a claimant who is—
a
engaged by a charitable or F140voluntary 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).
F6392A
Any payment in respect of expenses arising out of the F787claimant 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.
I284
In the case of a payment F567under Parts 11 toF33812ZB F929or under Part 12ZD of the Contributions and Benefits Act or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity F339or who is taking paternity leave F796, adoption leave F930, shared parental leave or parental bereavement leave—
a
any amount deducted by way of primary Class 1 contributions under the Social Security Act;
b
one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.
F84A
In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 F340, 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 F806F717... statutory paternity payF797, 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.
F6025
Any housing benefit to which the claimant is entitled.
F3475A
Any guardian’s allowance.
F4225B
–
1
Any child tax credit.
2
Any child benefit.
F6823
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.
F6005C
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
I307
Any concessionary payment made to compensate for the non-payment of—
F604b
income support;
c
an income-based jobseeker’s allowance; F771...
d
an income-related employment and support allowanceF772; or
e
universal credit.
I318
Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.
F1109
F1289A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3210
Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.
F43511
1
Any payment—
a
by way of an education maintenance allowance made pursuant to—
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
b
corresponding to such an education maintenance allowance, made pursuant to—
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that ActF699; 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
F606c
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 F700or other payment made pursuant to any provision specified in sub-paragraph (1).
F33011A
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.
F25212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40113
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 F586, 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.
F15114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I33F5615
F5191
Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.
F5212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F520Sub-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).
F5214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3355A
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.
F3216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52215A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40015B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15516
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 F310or war widower’s pension;
c
a pension payable to a person as a F469widow, widower or surviving civil partner under F607... 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;
F449cc
a guaranteed income payment F608and, if the amount of that payment has been abated to less than £10 by a F644pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of F645that pension or payment as would not, in aggregate with F646any amount of the guaranteed income payment disregarded, exceed £10;
d
a payment made to compensate for the non-payment of such a pension F450or 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 F451pensions or payments mentioned in sub-paragraphs (a) to (cc) above;
F838f
a pension paid by a government to victims of National Socialist persecution;
F300g
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 F913or, if it was higher at that time, pensionable age;
d
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
e
that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,
the amount, calculated on a weekly basis equal to—
F135i
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.
F14118
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.
I69F12919
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by F142another 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—
F558a
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.
I68F13020
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
F254Subject to sub-paragraphs (2) and (3), except where F255regulation 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 F933is a Grenfell Tower payment or is received from the Macfarlane Trust F47, the Macfarlane (Special Payments) TrustF76, the Macfarlane (Special Payments) (No. 2) TrustF97, the FundF120, the Eileen TrustF666, MFET LimitedF702, the Skipton Fund, the Caxton FoundationF845, the Scottish Infected Blood Support SchemeF863, an approved blood schemeF855, the London Emergencies Trust, the We Love Manchester Emergency FundF934, the National Emergencies TrustF17or F118the Independent Living F594Fund (2006).
F2533
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.
F4544
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 F114only 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.
F1153
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.
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.
I3925
1
Any payment made to the claimant in respect of a child or young person who is a member of his family—
F306a
F488pursuant 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 F610Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adopters) F694or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);
F647ba
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 F785child 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);
F438e
in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);
F429to the extent specified in sub-paragraph (2).
F4891A
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
F430In 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.
F42325A
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.
I40F68326
Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—
a
by a local authority under—
F870i
section 22C(2) of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained),
F869ia
section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),
ii
section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or
iii
regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or
b
by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).
F20927
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 F452but 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;F612 ...
F798dza
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);
F871dzb
the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);
F724da
a clinical commissioning group established under section 14D of the National Health Service Act 2006;
F724db
the National Health Service Commissioning Board; or
F725e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F611f
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.
F88227A
Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).
F55928
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, F872...
d
the following sections of the Social Services and Well-being (Wales) Act 2014—
aa
section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or
bb
section 109, 110, 114 or 115.
2
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section F68522 orF833, 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
F834b
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.
F90329
Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.
F15230
1
Except where paragraph 29 F213or 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 F904under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations;
F905b
any charge which qualifies in accordance with paragraph 17 of Schedule 3 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);
c
any payment due on a loan which qualifies F906under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations attributable to the payment or capital;
d
any amount due by way of premiums on—
i
F169an 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 F322exceeds the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 F799or Part 1 of the Care Act 2014 (care and support)F874or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act.
2
This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).
F9073
In this paragraph—
a
“Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations 2017;
b
“loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.
F21030ZA
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.
F12630A
1
Subject to sub-paragraphs (2) and (3), in the case of a claimant F464residing in a care home, an Abbeyfield Home or an independent hospital, any payment, F533except a charitable or voluntary payment disregarded under paragraph 15F523..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home F468or hospital.
2
This paragraph shall not apply to a claimant for whom accommodation in a F465care home, an Abbeyfield Home or an independent hospital is provided by
b
a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support)F875or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult).
3
The amount to be disregarded under this paragraph shall not exceed the difference between—
F324a
the claimant’s applicable amount; and
b
the weekly charge for the accommodation.
I41F9531
Any social fund payment made pursuant to F613Part 8 of the Contributions and Benefits Act.
F72731A
Any local welfare provision.
I4232
Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.
I4333
Any payment under F614Part 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.
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.
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)F265, regulation 66B(3) (treatment of payments from access funds) and F524paragraph 16 shall in no case exceed F173£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.
F50538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7739
1
Any payment made under F669or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), F99the FundF121, the Eileen TrustF667, MFET LimitedF703, the Skipton Fund, the Caxton FoundationF846, the Scottish Infected Blood Support SchemeF864, an approved blood schemeF856, the London Emergencies Trust, the We Love Manchester Emergency FundF936, the National Emergencies Trust or F119the Independent Living F595Fund (2006).
F9351A
Any Grenfell Tower payment.
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia F99or who is or was a qualifying person, which derives from a payment made under F669or by any of the Trusts to which sub-paragraph (1) refers F940, or from a Grenfell Tower payment, and which is made to or for the benefit of—
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced F470or 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 F100or 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 F471or, 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 F669or by any of the Trusts to which sub-paragraph (1) refers F941, or from a Grenfell Tower payment, and which is made to or fro the benefit of—
a
the person who is suffering from haemophilia F101or 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 F102or who is a qualifying person, which derives from a payment under F669or by any of the Trusts to which sub-paragraph (1) refers, F939or from a Grenfell Tower payment, where—
a
that person has no partner or former partner from whom he is not estranged or divorced F472or 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 F261full-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 F102or who was a qualifying person, which derives from a payment under F669or by any of the Trusts to which sub-paragraph (1) refers, F938or from a Grenfell Tower payment, where—
a
that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced F473or 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 F262full-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 F942or from a Grenfell Tower payment.
F1037
For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund F439, the Eileen Trust F668, MFET LimitedF484, the Skipton FundF704, the Caxton FoundationF847, the Scottish Infected Blood Support SchemeF865, an approved blood schemeF857, the London Emergencies Trust, the We Love Manchester Emergency FundF937, the National Emergencies Trust 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.
F56841
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F11144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56946
Any payment in consequence of a reduction of council tax under section 13 F731, 13A or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).
F61547
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F61648
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 F909and Social Care, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).
F61649
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
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 F402... to assist disabled persons to obtain or retain employment despite their disability.
F59952F726
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59953
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.
F59954
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.
F13155
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to F474widows, 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 F475widow, 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
F618b
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).
F547F62357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F18958
Any payment made F636... F783as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F670, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)F802or under sections 31 to 33 of the Care Act 2014 (direct payments),F444or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F353or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F876, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).
C15F40359
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F40460
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1561
1
Any payment specified in sub-paragraph (2) to a claimant who was formerly a F271student 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;
F224b
any student loan as defined in Chapter VIII of Part V;
F224c
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.
C15F40562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F40662A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F40763
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F21664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F21164
1
Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under F267the 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.
C15F40865
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F21566
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 F455section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the provision of accommodation or welfare services to which F256Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers, F803or the provision of care and support under Part 1 of the Care Act 2014 (care and support)F877, or the provision of care and support in respect of an adult under Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person F466living in a care home, an Abbeyfield Home or an independent hospital).
C15F22269
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) F325..., 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.
C15F44270
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15F23471
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.
C15F23472
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.
F67873
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1)—
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
- a
the Child Support Act 1991;
- b
the Child Support (Northern Ireland) Order 1991;
- c
a court order;
- d
a consent order;
- e
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
- a
“liable relative” means a person listed in regulation 54 (interpretation) other than a person falling within sub-paragraph (d) of that definition.
C15F28474
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.
C15F30375
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.
C15
F34476
F3661
Any payment made by a local authority, or by the F628Welsh 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.
F76776A
Armed forces independence payment
C15F40977
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15
F41078
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78879
Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)
F85180
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.
F91181
Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.
F91482
Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
F91683
Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
F95284
Any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.
F95385
Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.
C7C7C14SCHEDULE 10CAPITAL TO BE DISREGARDED
Sch. 10 paras. 54, 55 modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 17(1)(2)(e) (with regs. 1(2), 11, 19)
Sch. 10 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)
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.
F6961A
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 F723a 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.
I514
Any premises occupied in whole or in part by—
a
F1535
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.
F2143
In the case of a person who is receiving assistance under F266the 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
C8F3311
Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—
a
F570b
an income-related benefit F587, 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;
F453c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F304d
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001F773;
e
universal credit
F853f
bereavement support payment under section 30 of the Pensions Act 2014,
F918g
maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner),
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
F3322
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—
F912a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or
ii
an error on a point of law; 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.
F3323
For the purposes of sub-paragraph (2), “the award of income support” means—
a
b
where that award is followed by one or more further awards which in each case may be F776any of income support F589, an income-related employment and support allowanceF774, 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 sumF777, 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.
I559
Any sum—
a
b
which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.
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 F571... 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.
I58F6812
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant F513or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.
F51212A
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.
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).
I6115
The surrender value of any policy of life insurance.
I6216
Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
F56017
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, F878...
d
the following sections of the Social Services and Well-being (Wales) Act 2014—
aa
section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or
bb
section 109, 110, 114 or 115.
2
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 F836or 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
F837b
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.
I63F9618
Any social fund payment made pursuant to F619Part 8 of the Contributions and Benefits Act.
F72818A
Any local welfare provision.
I6419
Any refund of tax which falls to be deducted under F620section 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
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.
F7822
1
Any payment made under F674or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), F104the FundF122, the Eileen TrustF672, MFET LimitedF433, the Independent Living F597Fund (2006)F485, the Skipton Fund F705, the Caxton FoundationF848, the Scottish Infected Blood Support SchemeF866, an approved blood schemeF858, the London Emergencies Trust, the We Love Manchester Emergency FundF944the National Emergencies Trust, or the London Bombings Relief Charitable Fund.
F9431A
Any Grenfell Tower payment or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia F104or who is or was a qualifying person, which derives from a payment made under F674or by any of the Trusts to which sub-paragraph (1) refers F948, or from a Grenfell Tower payment, and which is made to or for the benefit of—
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced F477or 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 F105or 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 F478or, 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 F674or by any of the Trusts to which sub-paragraph (1) refers F949, or from a Grenfell Tower payment, and which is made to or for the benefit of—
a
the person who is suffering from haemophilia F106or 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 F107or who is a qualifying person, which derives from a payment under F674or by any of the Trusts to which sub-paragraph (1) refers, F947or from a Grenfell Tower payment, where—
a
that person has no partner or former partner from whom he is not estranged or divorced F479or 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 F263full-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 F107or who was a qualifying person, which derives from a payment under F674or by any of the Trusts to which sub-paragraph (1) refers, F946or from a Grenfell Tower payment, where—
a
that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced F480or 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 F264full-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 F950or from a Grenfell Tower payment.
F1087
For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund F434, the Eileen Trust F673, MFET LimitedF486, the Skipton FundF706, the Caxton FoundationF849, the Scottish Infected Blood Support SchemeF867, an approved blood schemeF859, the London Emergencies Trust, the We Love Manchester Emergency FundF945, the National Emergencies Trust and the London Bombings Relief Charitable Fund.
F48722A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F923
The value of the right to receive an occupational F81or personal pension.
F14823A
The value of any funds held under a personal pension scheme F548....
F924
The value of the right to receive any rent F154except 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 F481, 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 dwellingF346or, 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 F951which is a Grenfell Tower payment or made by a charity F48or under F675or by the Macfarlane (Special Payments) TrustF98, the Macfarlane (Special Payments) (No. 2) Trust F554the FundF676, MFET LimitedF707, the Skipton Fund, the Caxton FoundationF850, the Scottish Infected Blood Support SchemeF868, an approved blood schemeF598... or the Independent Living Fund (2006).
F41130
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.
F57232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F11235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4936
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.
F62138
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 F910and Social Care, 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.
F62139
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.
F63139A
Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant).
F6140
F62441
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
F8543
Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 F880or under Part 4 of the Social Services and Well-being (Wales) Act 2014 to homeworkers assisted under the Blind Homeworkers' Scheme.
F51444
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.
F13245
Any sum of capital administered on behalf of a person F201... in accordance with an order made under F368section 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 F195where the person concerned is under the age of 18.
F17246
Any payment to the claimant as holder of the Victoria Cross or George Cross.
F62547
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62548
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62549
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41450
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41550A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41651
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C6F21252
In the case of a person who is receiving, or who has received, assistance under F268the 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.
F41753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22356
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) F326..., 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.
F44357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23558
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.
F23559
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.
F23660
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.
F26961
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 F482or deceased civil partner; or
d
the claimant’s partner’s deceased spouse F482or deceased civil partner,
by the Japanese during the Second World War, £10,000.
F28562
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.
F43663
1
Any payment—
a
by way of an education maintenance allowance made pursuant to—
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
b
corresponding to such an education maintenance allowance, made pursuant to—
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that ActF708; 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
F627c
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 F709or other payment made pursuant to any provision specified in sub-paragraph (1).
F30264
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 F50920,
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 F51020,
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 F467residing 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.
F30765
The amount of a payment, other than a war pension F629..., to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse F483or deceased civil partner or the claimant’s partner’s deceased spouse F483or 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.
F34566
F3671
Any payment made by a local authority, or by the F630Welsh 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.
F35967
Any payment made under F804sections 31 to 33 of the Care Act 2014 (direct payments) or underF637... regulations made under section 57 of the Health and Social Care Act 2001 or F784as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F677, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)F881, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).
F49068
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
F43768A
Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).
F41869
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41970
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78971
Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)
F85272
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.
F86073
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
F88374
Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).
F91575
Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
F91776
Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
F95477
Any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.
F95578
Any winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.
Sch. 1, Sch. 1A revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), reg. 1(1), Sch. 3