SCHEDULES

SCHEDULE 8 CAPITAL TO BE DISREGARDED

Modifications etc. (not altering text)

12.  [F1—(1) Subject to sub-paragraph (2),] Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

(a)any payment specified in paragraph 7, 9 or 10 of Schedule 7 (other income to be disregarded);

(b)[F2an income-based jobseeker’s] allowance or an income-related benefit under Part VII of the Benefits Act[F3, F4... child tax credit, working tax credit [F5or an income-related employment and support allowance]];

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(d)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,]

but only for a period of 52 weeks from the date of receipt of the arrears or the concessionary payment.

[F8(2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(a)paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, and

(b)received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-based jobseeker’s allowance, for the remainder of that award if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the award of an income-based jobseeker’s allowance” means—

(a)the award either of an income-based jobseeker’s allowance[F9, income support or of an income-related employment and support allowance] in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b)where that award is followed by one or more further awards which in each case may be either of an income-based jobseeker’s allowance[F9, income support or of an income-related employment and support allowance] 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 sum.]

Textual Amendments

F2Words in Sch. 8 para. 12(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 3(11)(a)

F3Words in Sch. 8 para. 12(b) 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. 24(a)