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 [F1article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006] M2 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983M3; F2...
[F3(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]
[F4(vii)employment and support allowance; F5...]
[F6(viii)personal independence payment; F7...]
[F8(ix)armed forces independence payment; or]
[F9(b)is or are certified as severely sight impaired or blind by a consultant ophthalmologist.]
(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[F10, 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.
F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Sch. VI para. 4(1)(a)(v) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 4(7)
F2Word 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)
F3Sch. 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)
F4Sch. 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)
F5Word in Sch. VI para. 4(1)(a)(vii) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(8)(a)
F6Sch. VI para. 4(1)(a)(viii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(8)(b)
F7Word in Sch. VI para. 4(1)(a)(viii) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 23(8)(a)
F8Sch. VI para. 4(1)(a)(ix) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 23(8)(b)
F9Sch. VI para. 4(1)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(4)(c)
F10Words 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)
F11Sch. 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.