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Regulation 17(8)
1. Any premises acquired for occupation by the claimant which he intends to occupy as 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.
[F11A. The dwelling occupied by the claimant as his home but only one home shall be disregarded under this paragraph.]
Textual Amendments
F1Sch. V para. 1A added (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(a)
2. 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 the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
3. 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 necessary to enable those repairs or alterations to be carried out.
4. Any premises occupied in whole or in part—
(a)by a [F2person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner] as his home where that person is either aged 60 or over or incapacitated;
(b)by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced [F3or with whom he had formed a civil partnership that has been dissolved].
Textual Amendments
F2Words in Sch. V para. 4(a) substituted (4.10.2004) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(a), 7(6)
F3Words in Sch. V para. 4(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(a) (with art. 3)
5. Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
6.—(1) Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce[F4, or dissolution of his civil partnership with,] from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.
(2) In this paragraph—
(a)“dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;
(b)“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child; and
(c)“child” means a person [F5who is a qualifying young person or] a child for the purposes of Part IX of the 1992 ActM1.
Textual Amendments
F4Words in Sch. V para. 6(1) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(b) (with art. 3)
F5Words in Sch. V para. 6(2)(c) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 6(5)(a)
Marginal Citations
M1 See section 142(1) of the 1992 Act.
7. Any premises where the claimant is taking reasonable steps to dispose of the whole of his interest in 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.
8. All personal possessions.
9. 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 engaged, for such period as may be reasonable in the circumstances to allow for disposal of those assets.
[F69A. The assets of any business owned in whole or in part by the claimant if—
(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,]
F7...
Textual Amendments
F6Sch. V para. 9A inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(o)(i)
F7Words in Sch. V para. 9A omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(b)
10. The surrender value of any policy of life insurance.
11. The value of any funeral plan contract; and for this purpose, “funeral plan contract” means a contract under which—
(a)the claimant makes one or more payments to another person (“the provider”);
(b)the provider undertakes to provide, or secure the provision of, a funeral in the United Kingdom for the claimant on his death; and
(c)the sole purpose of the plan is to provide or secure the provision of a funeral for the claimant on his death.
12. Where an ex-gratia payment has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or [F8internment] of—
(a)the claimant;
(b)the claimant’s partner;
(c)the claimant’s deceased spouse [F9or deceased civil partner]; or
(d)the claimant’s partner’s deceased spouse [F9or deceased civil partner],
by the Japanese during the Second World War, an amount equal to that payment.
Textual Amendments
F8Word in Sch. V para. 12 substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 12(a)
F9Words in Sch. V para. 12(c)(d) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(c) (with art. 3)
13.—(1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a claimant’s partner [F10who is]—
(a)F11... a diagnosed person;
(b)[F12a diagnosed person’s partner or] was a diagnosed person’s partner at the time of the diagnosed person’s death;
(c)F13... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.
(2) Where [F14a trust payment is made to]—
(a)[F15a 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 is made and ending on the date on which [F15that person] dies;
(b)[F16a 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.
(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 claimant’s partner [F17who is]—
(a)F18... the diagnosed person;
(b)[F19a diagnosed person’s partner or] was a diagnosed person’s partner at the date of the diagnosed person’s death; or
(c)F20... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.
(4) Where [F21a payment referred to in sub-paragraph (3) is made to]—
(a)[F22a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph] shall apply for the period beginning on the date on which the payment is made and ending on the date on which [F22that person] dies;
(b)[F23a person referred to in sub-paragraph (3)(c), that sub-paragraph] shall apply for the period beginning on the date on which the payment is made and ending two years after that date.
(5) In this paragraph, a reference to a person—
(a)being the diagnosed person’s partner;
(b)acting in 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 [F24residing in a care home or an independent hospital] .
(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 [F25Creutzfeldt]-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 [F25Creutzfeldt]-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.
Textual Amendments
F10Words in Sch. V para. 13(1) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(i)
F11Word in Sch. V para. 13(1)(a) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(ii)
F12Words in Sch. V para. 13(1)(b) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(iii)
F13Word in Sch. V para. 13(1)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(iv)
F14Words in Sch. V para. 13(2) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(v)
F15Words in Sch. V para. 13(2)(a) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(vi)
F16Words in Sch. V para. 13(2)(b) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(vii)
F17Words in Sch. V para. 13(3) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(viii)
F18Word in Sch. V para. 13(3)(a) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(ix)
F19Words in Sch. V para. 13(3)(b) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(x)
F20Word in Sch. V para. 13(3)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(xi)
F21Words in Sch. V para. 13(4) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(xii)
F22Words in Sch. V para. 13(4)(a) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(xiii)
F23Words in Sch. V para. 13(4)(b) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(xiv)
F24Words in Sch. V para. 13(5) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 5 para. 6
F25Word in Sch. V para. 13(6) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(c)(xv)
14. The amount of any payment, other than a war disablement pension or a war widow’s or widower’s pension, to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse [F26or deceased civil partner] or the claimant’s partner’s deceased spouse [F26or 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.
Textual Amendments
F26Words in Sch. V para. 14 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(d) (with art. 3)
15.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust[F27, the Independent Living Funds[F28, the Skipton Fund or the London Bombings Relief Charitable Fund]].
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia 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 that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced [F29or 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].
(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 [F30or, 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 any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.
(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a 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 [F31or with whom he has formed a civil partnership that has not been dissolved], nor any child who is or had been a member of that person’s household; 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 or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,
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 [F32or with whom he had formed a civil partnership that had not been dissolved], nor any child who was or had been a member of his household; 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 or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place his parent,
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.
(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund[F33, the Eileen Trust[F34, the Skipton Fund and the London Bombings Relief Charitable Fund]].
(8) In this paragraph—
“child” means any person [F35who is a qualifying young person or] a child for the purposes of Part IX of the Contributions and Benefits Act M2 (child benefit);
“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;
“qualifying course” means a qualifying course as defined for the purposes of Parts II and IV of the Jobseeker’s Allowance Regulations;
“sandwich course” has the meaning given in regulation 5(2) of the Education (Student Support) Regulations 2001M3, regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 M4 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000M5, as the case may be;
“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking—
(a)a course of study at an educational establishment; or
(b)a qualifying course;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—
(a)out of public funds by a Government department or by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise;
(b)to a person for his maintenance or in respect of a member of his family; and
(c)for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 M6 or is training as a teacher F36...
Textual Amendments
F27Words in Sch. V para. 15(1) substituted (12.5.2004) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (S.I. 2004/1141), regs. 1(1), 3(3)(4)(d)
F28Words in Sch. V para. 15(1) substituted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 7(3)(a)(i)
F29Words in Sch. 5 para. 15(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(e)(i) (with art. 3)
F30Words in Sch. 5 para. 15(3) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(e)(ii) (with art. 3)
F31Words in Sch. 5 para. 15(4)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(e)(iii) (with art. 3)
F32Words in Sch. 5 para. 15(5)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 35(5)(e)(iv) (with art. 3)
F33Words in Sch. 5 para. 15(7) substituted (12.5.2004) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (S.I. 2004/1141), regs. 1(1), 3(5)(6)(d)
F34Words in Sch. 5 para. 15(7) substituted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 7(3)(a)(ii)
F35Words in Sch. 5 para. 15(8) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 6(5)(b)
F36Words in Sch. 5 para. 15(8) omitted (6.10.2003) by virtue of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 12(b)
Marginal Citations
M2 See section 142 of the Social Security Contributions and Benefits Act 1992 (c. 4).
M61973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).
F3715A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Sch. V para. 15A omitted (12.12.2005) by virtue of The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 7(3)(b)
16.—[F38(1)] An amount equal to the amount of any payment made in consequence of any personal injury to the claimant or, if the claimant has a partner, to the partner.
[F39(2) Where the whole or part of the payment is administered—
[F40(a)by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;]
(b)in accordance with an order made under F41... Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of those Rules; or
(c)in accordance with the terms of a trust established for the benefit of the claimant or his partner,
the whole of the amount so administered.]
Textual Amendments
F38Sch. V para. 16(1): Sch. 5 para. 16 renumbered as Sch. 5 para. 16(1) (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(o)(ii)
F39Sch. V para. 16(2) inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(o)(ii)
F40 Words in Sch. 2 para. 16(2)(a) substituted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 14(6)(a)
F41 Words in Sch. 2 para. 16(2)(b) omitted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 14(6)(b)
17. Any amount specified in paragraphs 18 to 20—
(a)in a case where there is an assessed income period, until the end of that period or until the expiration of one year from the date of payment, whichever is the later; or
(b)in any other case, for a period of one year beginning with the date of receipt.
18. Amounts paid under a policy of insurance in connection with the loss of or damage to the property occupied by the claimant as his home and to his personal possessions.
19. So much of any amounts paid to the claimant or deposited in the claimant’s name for the sole purpose of—
(a)purchasing premises which the claimant intends to occupy as his home; or
(b)effecting essential repairs or alterations to the premises occupied or intended to be occupied by the claimant as his home.
20.—(1) Any amount paid—
(a)by way of arrears of benefit;
(b)by way of compensation for the late payment of benefit; or
(c)in lieu of the payment of benefit.
[F42(d)any payment made by a local authority (including in England a county council), 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) In paragraph (1), “benefit” means—
(a)attendance allowance under section 64 of the Contributions and Benefits Act;
(b)disability living allowance;
(c)income support;
(d)income-based jobseeker’s allowance;
(e)housing benefit;
(f)state pension credit;
F43(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F44(h)an increase of a disablement pension under section 104 of the Contributions and Benefits Act (increase where constant attendance needed), and any further increase of such a pension under section 105 of that Act (increase for exceptionally severe disablement);]
(i)any amount included on account of the claimant’s exceptionally severe disablement [F45or need for constant attendance,] in a war disablement pension or a war widow’s or widower’s pension.
[F46(j)council tax benefit;
(k)social fund payments;
(l)child benefit;
F47(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n)child tax credit under the Tax Credits Act 2002.]
Textual Amendments
F42Sch. V para. 20(1)(d) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(d)
F43Sch. V para. 20(2)(g) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(e)(i)
F44Sch. V para. 20(2)(h) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(e)(ii)
F45Words in Sch. V para. 20(2)(i) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(e)(iii)
F46Sch. V para 20(2)(j)-(n) added (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(o)(iii)(bb)
F47Sch. V para. 20(2)(m) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(e)(iv)
[F4820A.—(1) Subject to sub-paragraph (3), any payment of £5,000 or more to which paragraph 20(1)(a), (b) or (c) applies, which has been made to rectify, or to compensate for, an official error relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations.
(2) Subject to sub-paragraph (3), the total amount of any payment disregarded under—
(a)paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations 1987;
(b)paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations 1996;
(c)paragraph 8(2) of Schedule 5 or paragraph 21A of Schedule 5ZA to the Housing Benefit (General) Regulations 1987; or
(d)paragraph 8(2) of Schedule 5 or paragraph 21A of Schedule 5ZA to the Council Tax Benefit (General) Regulations 1992,
where the award during which the disregard last applied in respect of the relevant sum either terminated immediately before the relevant date or is still in existence at that date.
(3) Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end.
(4) In this paragraph—
“the award”, except in sub-paragraph (2), means—
the award of State Pension Credit under these Regulations during which the relevant sum or, where it is received in more than one instalment, the first instalment of that sum is received; or
where that award is followed immediately by one or more further awards which begins immediately after the previous award ends, such further awards until the end of the last award, provided that, for such further awards, the claimant—
is the person who received the relevant sum;
is the partner of that person; or
was the partner of that person at the date of his death;
“official error”—
where the error relates to housing benefit or council tax benefit, has the meaning given by regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001;
and
where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;
“the relevant date” means the date on which the claimant became entitled to benefit under the Act;
“relevant benefit” means any benefit specified in paragraph 20(2); and
“the relevant sum” means the total payment referred to in sub-paragraph (1) or, as the case may be, the total amount referred to in sub-paragraph (2).]
Textual Amendments
F48Sch. V para. 20A substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(f)
21. Where a capital asset is held in a currency other than sterling, any banking charge or commission payable in converting that capital into sterling.
22. The value of the right to receive income from an occupational pension scheme or a personal pension scheme.
23. The value of a right to receive income from a under a retirement annuity contract.
[F4923A. Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to the 1992 Act or under Schedule 1 to the Graduated Retirement Benefit Regulations, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to—
(a)except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;
(b)the amount of that lump sum,
but only for so long as that person does not change that election in favour of an increase of pension or benefit.]
Textual Amendments
Textual Amendments
F50Sch. V Pt. II heading substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 23(o)(iv)
24. The value of the right to receive any income under a life interest or from a life rent.
25. The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.
26. The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.
27. The dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home, including any premises not so occupied which it is impracticable or unreasonable to sell separately and in particular, in Scotland, any croft land on which the dwelling is situated; but only one dwelling shall be disregarded under this paragraph.
28. Where property is held under a trust, other than—
(a)a charitable trust within the meaning of the Charities Act 1993 M7; or
(b)a trust set up with any payment to which paragraph 16 of this Schedule applies,
and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant’s partner, or both, that property.
Marginal Citations