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4.—(1) £20 is disregarded if the claimant or, if he has a partner, his partner—
(a)is in receipt of—
(i)long-term incapacity benefit under Section 30A of the 1992 ActM1;
(ii)severe disablement allowance under section 68 of that Act;
(iii)attendance allowance;
(iv)disability living allowance under section 71 to 76 of that Act;
(v)any mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 M2 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983M3; F1...
[F2(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002; or]
[F3(vii)employment and support allowance; or]
(b)is or are registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 M4 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council.
(2) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit, had an award of income support[F4, income-based jobseeker's allowance or income-related employment and support allowance] and—
(a)£20 was disregarded in respect of earnings taken into account in that award;
(b)the person whose earnings qualified for the disegard continues in employment after the termination of that award.
(3) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner, immediately before attaining pensionable age,—
(a)had an award of state pension credit; and
(b)a disregard under paragraph 4(1)(a)(i) or (ii) was taken into account in determining that award.
(4) The disregard of £20 specified in sub-paragraphs (2) and (3) applies so long as there is no break, other a break which does not exceed 8 weeks,—
(a)in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded; or
(b)in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in Sch. VI para. 4(1)(a)(v) 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), 4(10)(a)(i)
F2Sch. VI para. 4(1)(a)(vi) added (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. 13(c)(i)
F3Sch. VI para. 4(1)(a)(vii) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(10)(a)(ii)
F4Words in Sch. VI para. 4(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(10)(b)
F5Sch. VI para. 4(5) 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. 13(c)(ii)
Marginal Citations
M1Section 30A was inserted by Social Security (Incapacity for Work) Act 1994 (c. 18).
M3S.I.1983/686; amended by S.I.1983/1164 and 1540 and 1986/628.