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The Jobseeker’s Allowance Regulations 1996

Changes over time for: SCHEDULE 7

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Version Superseded: 03/10/2005

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Point in time view as at 25/04/2005.

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Regulation 103(2)

SCHEDULE 7 SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

Modifications etc. (not altering text)

C1Sch. 7 para. 65 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 16 (with regs. 1(2), 11, 19)

1.  Any amount paid by way of tax on income which is taken into account under regulation 103 (calculation of income other than earnings).

2.  Any payment in respect of any expenses incurred[F1, or to be incurred,] by a claimant who is—

(a)engaged by a charitable or voluntary 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 105(13) (notional income).

Textual Amendments

3.  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.

4.  In the case of a payment of [F2statutory paternity pay by virtue of Part 12ZA of the Benefits Act, statutory adoption pay by virtue of Part 12ZB of the Benefits Act,] statutory sick pay or statutory maternity pay 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 [F3or who is taking paternity leave or adoption leave]—

(a)any amount deducted by way of primary Class 1 contributions under the Benefits Act;

(b)one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.

Textual Amendments

5.  In the case of the payment of statutory sick pay or statutory maternity pay under Parts XI or XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[F4, or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay or statutory adoption pay]F5–

(a)any amount deducted by way of primary Class 1 contributions under that Act;

(b)one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.

Textual Amendments

6.  Any housing benefit [F6to which the claimant is entitled].

Textual Amendments

[F76A.  Any guardian’s allowance]

Textual Amendments

F7Sch. 7 para. 6A inserted (for specified purposes and with effect in accordance with reg. 1(9) 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. 2 para. 23(a)

[F86B.  –

(1) Any child tax credit.

(2) Any child benefit.]

Textual Amendments

F8Sch. 7 para. 6B inserted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 23(b)

7.  The mobility component of disability living allowance, or any mobility allowance accrued under the repealed section 37A of the Social Security Act 1975 F9.

Textual Amendments

8.  Any concessionary payment made to compensate for the non-payment of—

(a)any payment specified in paragraph 7 or 10;

(b)a jobseeker’s allowance or income support.

9.  Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

10.  Any attendance allowance or the care component of disability living allowanceF10....

Textual Amendments

11.  Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.

[F1112.—(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;

(iii)directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or

(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 Act.

(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

(c)directions made under sections 12(2)(c) and 21 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 made pursuant to any provision specified in sub-paragraph (1).]

Textual Amendments

F11Sch. 7 para. 12 substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 6(3)

[F1212A.  Any payment made to the claimant by way of repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.]

Textual Amendments

13.  In the case of a claimant to whom regulation 11 (part-time students) applies, any sums intended for any expenditure specified in paragraph (2) of regulation 131 (calculation of grant income) necessary as a result of his attendance on his course.

[F1314.—(1) 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 except a payment—

(a)made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement 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 83(f) or 84(1)(g) (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.]

Textual Amendments

15.—(1) Subject to sub-paragraph (3) and paragraphs 38, 39 and 41, £20 of any [F14relevant payment] made or due to be made at regular intervals, except any payment to which sub-paragraph (2) or paragraph 16 applies.

(2) Subject to [F15sub-paragraph (3)] and paragraph 41, any [F16relevant payment] made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, [F17council tax, water charges,] rent for which [F18housing benefit is payable or] any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs)F19..., of a single claimant or, as the case may be, of the claimant or any other member of his familyF20....

(3) Sub-paragraphs (1) and (2) 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)to a payment made–

(i)to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes); or

(ii)to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute.

(4) For the purposes of sub-paragraph (1) where a number of [F21relevant payments] fall to be taken into account in any one week they shall be treated as though they were one such payment.

(5) For the purposes of sub-paragraph (2) the expression “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.

[F22(5A) 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.]

F23(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

16.—(1) Subject to the following provisions of this paragraph, in the case of a claimant placed in a residential care home or nursing home by a local authority under section 26 of the National Assistance Act 1948 F24, sections 13A, 13B and 59(2)(c) of the Social Work (Scotland) Act 1968 F25 or section 7 of the Mental Health (Scotland) Act 1984 F26 any charitable payment or voluntary payment made or due to be made at regular intervals.

(2) This paragraph shall apply only where–

(a)the claimant was placed in the residential care or nursing home by the local authority because the home was the preferred choice of the claimant, and

(b)the cost of the accommodation was in excess of what the authority would normally expect to pay having regard to the needs of the claimant assessed in accordance with section 47 of the National Health Service and Community Care Act 1990 F27.

F28(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the local authority and the cost the authority would normally incur for a person with the particular needs of the claimant.

Textual Amendments

F251968 c.49; sections 13A and 13B were inserted by the National Health Service and Community Care Act 1990 (c.19) section 56, and section 59 was amended by Schedule 9 paragraph 10(7) to that Act.

F2916A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

17.  Subject to paragraphs 38 and 39, £10 of any of the following, namely—

(a)a war disablement pension or war widow’s [F30or widower’s] pension or a payment made to compensate for the non-payment of such a pension, except in so far as such a pension or payment falls to be disregarded under paragraphs 9 or 10;

[F31(aa)a guaranteed income payment or a payment made to compensate for the non-payment of a guaranteed income payment;]

(b)a pension paid by the government of a country outside Great Britain which is either—

(i)analogous to a war disablement pension; or

(ii)analogous to a war widow’s [F32or widower’s] pension;

[F33(iii)or analogous to a guaranteed income payment;]

(c)a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it or of the Republic of Austria, to victims of National Socialist persecution.

[F34(d)any widowed mother’s allowance paid pursuant to section 37 of the Benefits Act;

(e)any widowed parent’s allowance paid pursuant to section 39A of the Benefits Act.]

Textual Amendments

18.  Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—

(a)that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants") who include the person to whom the loan was made;

(b)that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c)that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(d)that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

(e)that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis equal to—

(i)where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 F35 (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.

Textual Amendments

F351988 c.1; subsection (1A) was inserted by the Finance Act 1994 (c.9), section 81(3).

19.  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 20 or 21 refers.

20.  Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another 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—

(a)£4 of 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; and

(b)a further [F36£10.55,] where the aggregate of any such payments is inclusive of an amount for heating.

Textual Amendments

F36Sum in Sch. 7 para. 20(b) substituted (coming into force in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2005 (S.I. 2005/522), art. 24(10)

21.  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, 100% of such payments; or

(b)where the aggregate of any such payments exceeds £20, £20 and 50% of the excess over £20.

22.—(1) [F37Subject to sub-paragraphs (2) and (3)], except where [F38regulation 103(6)(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 105(10)(a)(i) (notional income) applies or in the case of a payment made—

(a)to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes); or

(b)to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute,

any income in kind.

(2) The exceptions under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds.

[F39(3) 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.]

Textual Amendments

23.—(1) Any income derived from capital to which the claimant is, or is treated under regulation 115 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income [F40derived] from capital disregarded under paragraph 1, 2, 4 to 8, 11 or 17 of Schedule 8.

(2) Income derived from capital disregarded under paragraph 2 or 4 to 8 of Schedule 8 but only 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.

(3) The definition of “water charges" in regulation 1(3) 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".

Textual Amendments

24.  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.

25.  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.

26.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—

(a)in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 F41 (permitted allowances) [F42or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002] or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978 F43 (schemes for payment of allowances to adopters);

(b)which is a payment made by a local authority in pursuance of section 50 of the Children Act 1975 F44 (contributions to a custodian towards the cost of the accommodation and maintenance of a child);

(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 F45 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);

[F46(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);]

[F47(e)in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);]

[F48to the extent specified in sub-paragraph (2)].

[F49(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.]

(2) [F50In the case of a child or young person–

(a)to whom regulation 106(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.]

Textual Amendments

F411976 c.36; section 57A was inserted by the Children Act 1989 (c.41), section 88 and Schedule 10 paragraph 25.

F46Sch. 7 para. 26(1)(d) added (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 7(1)(2)(e)

F48Words in Sch. 7 para. 26(1) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 23(c)

F50Sch. 7 para. 26(2) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 23(c)

[F5126A.  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.]

Textual Amendments

F51Sch. 7 para. 26A inserted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 23(d)

27.  Any payment made by a local authority to the claimant with whom a person is accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after) or, as the case may be, [F52section 26 of the Children (Scotland) Act 1995] F53 or by a voluntary organisation under section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations) or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 F54 (provision of accommodation and maintenance for children in care).

Textual Amendments

[F5528.  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 [F56but 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 [F57or]

(e)a primary care trust established under section 16A of the National Health Service Act 1977]

Textual Amendments

F55Sch. 7 para. 28 substituted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 7(3)(4)(f)

F57Sch. 7 para. 28(e) and word added (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 (S.I. 2001/859), regs. 1(4), 6(3)(d)

29.  Except in the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), any payment made by a local authority in accordance with [F58section 17, 23B, 23C or 24A of the Children Act 1989] or, as the case may be, [F59section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995] (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).

Textual Amendments

30.—(1) Subject to sub-paragraph (2), any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under paragraph 14 or 15 of Schedule 2 (housing costs in respect of loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed the aggregate of—

(a)the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 2 (housing costs);

(b)the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and

(c)any amount due by way of premiums on–

(i)that policy, or

(ii)an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

31.—(1) Except where paragraph 30 [F60or 31A] applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—

(a)any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Schedule 2 (housing costs);

(b)any interest payment or charge which qualifies in accordance with paragraphs 14 to 16 of Schedule 2 to the extent that the payment or charge is not met;

(c)any payment due on a loan which qualifies under paragraph 14 or 15 of Schedule 2 attributable to the payment of capital;

(d)any amount due by way of premiums on–

(i)an 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)an insurance policy 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 [F61exceeds] the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 F62.

(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

Textual Amendments

F60Words in Sch. 7 para. 31(1) inserted (1.6.1998 for specified purposes) by The Social Security (Miscellaneous Amendments) (No.3) Regulations 1998 (S.I. 1998/1173), regs. 1(5), 5(a)

[F6331A.—(1) Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 30, 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.]

Textual Amendments

32.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant in a residential care home or nursing home, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 16 applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home.

(2) This paragraph shall not apply to a claimant for whom accommodation in a residential care home or nursing home is provided by a local authority under section 26 of the National Assistance Act 1948 or section 59 of the Social Work (Scotland) Act 1968F64....

(3) The amount to be disregarded under this paragraph shall not exceed the difference between—

[F65(a)the claimant’s applicable amount; and]

(b)the weekly charge for the accommodation.

Textual Amendments

33.  Any social fund payment made pursuant to Part VIII of the Benefits Act.

34.  Any payment of income which under regulation 110 (income treated as capital) is to be treated as capital.

35.  Any payment under Part X of the Benefits Act (pensioner’s Christmas bonus).

36.  In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), any payment up to the amount of the prescribed sum within the meaning of section 15(2)(d) made by a trade union.

37.  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.

38.  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 88(4) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulations 132(2)(b) and 133(1)(c) (calculation of covenant income where a contribution assessed), regulation 136(2) (treatment of student loans)[F66, regulation 136A(3) (treatment of payments from access funds)] and paragraphs 15(1) and 17 shall in no case exceed £20 per [F67benefit week].

Textual Amendments

F66Words in Sch. 7 para. 38 inserted (for specified purposes and with effect in accordance with reg. 1(bi) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(10)

39.  Notwithstanding paragraph 38, 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 96(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.

40.  Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No.2) Regulations 1987 F68.

Textual Amendments

41.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust (“the Trusts") or the Independent Living Funds.

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a)that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;

(b)any child or 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 or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a)the person who is suffering from haemophilia or who is a qualifying person;

(b)any child or 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 or who is a qualifying person, which derives from the payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

(b)the payment is made either–

(i)to that person’s parent or step-parent, or

(ii)where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education, and had 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 or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

(b)the payment is made either–

(i)to that person’s parent or step-parent, or

(ii)where that person at the relevant date was a child, a young person or a 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.

[F69(7) For the purposes of paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Skipton Fund.]

Textual Amendments

42.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

43.  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 Act or the Benefits Act.

44.  Any community charge benefit.

45.  Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 F70 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 F71 (reduction of liability for personal community charges) or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 F72 (reduction of liability for council tax).

Textual Amendments

F701988 c.41; section 13A was inserted by the Local Government and Housing Act 1989 (c.42) ( the 1989 Act ), Schedule 5 paragraph 5.

F711987 c.47; section 9A was inserted by the 1989 Act, section 143.

46.  Any special war widows payment made under—

(a)the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865 F73;

(b)the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977 F74;

(c)the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917 F75;

(d)the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980 F76;

(e)the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment, made in each case under section 140 of the Reserve Forces Act 1980;

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.

Textual Amendments

F74Army Code No. 13045 published by HMSO.

F751917 c.51; Queen's Regulations for the Royal Air Force are available from HMSO.

47.—(1) Any payment or repayment made–

(a)as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 F77 (travelling expenses and health service supplies);

(b)as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 F78 (travelling expenses and health service supplies).

(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).

Textual Amendments

F77S.I. 1988/551; relevant amending instruments are S.I. 1989/394, 1990/918, 1991/557 and 1992/1104.

48.  Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 F79 (payments made in place of milk tokens or the supply of vitamins).

Textual Amendments

F79S.I. 1988/536; relevant amending instruments are S.I. 1990/3 and 1991/585.

49.  Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.

50.  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 F80 F81... to assist disabled persons to obtain or retain employment despite their disability.

Textual Amendments

51.  Any council tax benefit.

52.  Where the claimant is in receipt of any benefit under Parts II, III or V of the Benefits Act, any increase in the rate of that benefit arising under Part IV (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.

53.  Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 F82 (pensions to widows [F83or widowers]).

Textual Amendments

F82S.I. 1983/883; relevant amending instruments are S.I. 1993/598 and 1994/1906.

54.  In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983F84 (pensions to widows [F85or widowers]), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

Textual Amendments

F84S.I. 1983/686; relevant amending instruments are S.I. 1994/715 and 2021.

55.—(1) Any payment which is–

(a)made under any of the Dispensing Instruments to a widow [F86or widower] 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

(b)equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows [F87or widowers]).

(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 1922 (exceptional grants of pay, non-effective pay and allowances) F88.

Textual Amendments

F88Copies of the Dispensing Instruments are available from the Department of Social Security, 6th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.

[F8956.  Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968 [F90or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)] [F91or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)].

Textual Amendments

F89Sch. 7 paras. 56-59 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(b)

F9257.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9358.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

59.—(1) Any payment specified in sub-paragraph (2) to a claimant who was formerly a full-time student 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 IX of Part VIII;

[F94(b)any student loan as defined in Chapter IX of Part VIII;]

(c)any contribution as defined in Chapter IX of Part VIII which—

(i)is taken into account in ascertaining the amount of a student loan referred to in head (b); and

(ii)has been paid.]

Textual Amendments

F89Sch. 7 paras. 56-59 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(b)

F94Sch. 7 para. 59(2)(b)(c) substituted for para. 59(2)(b) (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(8)

F9560.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9660A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9761.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F9862.—(1) Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under [F99the self-employment route], any payment to that 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 VIII.]

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 7 para. 62 modified (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 18(2)(3)(f)

F10063.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F10164.  Any payment which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person in a residential care or nursing home).]

Textual Amendments

[F10265.  Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations.]

Textual Amendments

[F10366.  Any top-up payment made to a person (“the participant”) pursuant to—

(a) section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations (“the intensive activity period”); or

(b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.]

Textual Amendments

[F10467.—(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 83(f) or 84(1)(g) (housing costs)F105..., 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.]

Textual Amendments

[F10668.  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.

Textual Amendments

69.  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.]

Textual Amendments

[F107[F10870.—(1) Subject to sub-paragraph (3), any payment of child maintenance 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) For the purposes of sub-paragraph (1), where more than one payment of child maintenance—

(a)in respect of more than one child or young person; or

(b)made by more than one person in respect of a child or young person,

falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

(3) No more than £10 shall be disregarded in respect of each week to which any payment of child maintenance is attributed in accordance with regulations 93, 94, 96 and 97(2) (calculation of income) or regulations 126, 128 and 129(3) (treatment of child support maintenance).

(4)  In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Administration Act and shall include any payment made by the Secretary of State in lieu of such maintenance.]]

Textual Amendments

F108Sch. 7 para. 70 substituted (16.2.2004 with application in accordance with reg. 1(3)) by The Social Security (Child Maintenance Premium) Amendment Regulations 2004 (S.I. 2004/98), regs. 1(3), 3

[F10971.  Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.]

Textual Amendments

[F11072.—[F111(1) Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.]

(2) For the purposes of sub-paragraph (1) “local authority” means–

(a)in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)in relation to Wales, a county council or a county borough council;

(c)in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.]

Textual Amendments

F11273.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11374.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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