SCHEDULE 6E+W+SCapital to be disregarded

Modifications etc. (not altering text)

9.—(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—E+W+S

(a)any payment specified in paragraphs [F16, [F28, 9, [F371, 72 or 73]] of Schedule 5];

[F4(b)an income-related benefit under Part 7 of the Act;]

(c)an income-based jobseeker's allowance;

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

(e)working tax credit and child tax credit F5...,

[F6(f)an income-related employment and support allowance,]

[F7(g)universal credit,]

[F8(h)bereavement support payment under section 30 of the Pensions Act 2014,]

[F9(i)maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner),]

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

(2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to 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—

[F10(a)paid in order to rectify, or to compensate for—

(i)an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or

(ii)an error on a point of law; 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 housing benefit, for the remainder of that award if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the award of housing benefit” means—

(a)the award in which the relevant sum is first received (or the first part thereof where it is paid in more than one instalment); and

(b)where that award is followed by one or more further awards which, or each of which, begins immediately after the end of the previous award, such further award provided that for that further award 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.

Textual Amendments

F1Words in Sch. 6 para. 9(1)(a) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Information-Sharing and Scottish Child Payment) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/482), art. 6(3)

F5Words in Sch. 6 para. 9(1)(e) omitted by virtue of S.I. 2005/2502, reg. 2(16) (as amended) (3.4.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(16) (with regs. 2, 3, Sch. 3, Sch. 4)

F8Sch. 6 para. 9(1)(h) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 25(3)(a)