F1PART 8ABenefit cap
Exception to the benefit cap: receipt of specified benefit75F
1
The benefit cap does not apply where—
a
the claimant or the claimant’s partner is receiving an employment and support allowance under Part 1 of the Welfare Reform Act which includes a support component;
b
the claimant or the claimant’s partner is receiving an industrial injuries benefit by virtue of Part 5 of the Act;
c
the claimant or the claimant’s partner is receiving an attendance allowance;
d
the claimant or the claimant’s partner is receiving a war pension;
e
the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving a disability living allowance;
F3eza
the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving child disability payment;
ea
the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence paymentF6, adult disability payment or an armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
f
the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible is entitled to a payment listed in sub-paragraph (b), (c), (d), (e) F4, (eza) or (ea) but—
i
that person is not receiving it under regulation 6 (hospitalisation) or regulation 7 (persons in care homes) of the Social Security (Attendance Allowance) Regulations 1991;
ii
it is withheld under article 53 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (maintenance in hospital or an institution);
iii
that person is not receiving it under regulation 8 (hospitalisation) or regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1991;
iv
that payment is not payable in accordance with regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the Welfare Reform Act 2012;
F7iva
in the case of adult disability payment, that payment is not payable in accordance with regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component) or regulations 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022.
F5v
that person is not receiving it under regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the DACYP Regulations;
g
the claimant is receiving universal credit.
F2h
the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act;
i
the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a guardian’s allowance under section 77 of the Act.
2
In this regulation “war pension” has the meaning in regulation 2 (interpretation) and includes—
a
a guaranteed income payment;
b
a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
c
a payment which is made under any of—
i
the Order in Council of 19th December 1881;
ii
the Royal Warrant of 27th October 1884;
iii
the Order by His Majesty of 14th January 1922,
to a widow, widower or surviving civil partner of a person whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown and whose service in such capacity terminated before 31st March 1973
d
a pension paid by the government of a country outside Great Britain which is analogous to a war pension or any of the pensions or payments mentioned in sub-paragraphs (a) to (c).
Pt. 8A inserted (15.4.2013) by The Benefit Cap (Housing Benefit) Regulations 2012 (S.I. 2012/2994), regs. 1, 2(5) (as amended by S.I. 2013/388, reg. 2, Sch. para. 51; S.I. 2013/546, regs. 1, 2; and S.I. 2013/591, art. 2(1), Sch. para. 48(2))