- Latest available (Revised)
- Point in Time (31/10/2019)
- Original (As made)
Version Superseded: 06/04/2020
Point in time view as at 31/10/2019. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, Section 29.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
29.—(1) For the purposes of these Regulations, “income” means income of any of the following descriptions—
(a)earnings;
(b)working tax creditF1;
(c)retirement pension income within the meaning of the State Pension Credit ActF2;
(d)income from annuity contracts (other than retirement pension income);
(e)a war disablement pension or war widow's or widower's pension;
(f)a foreign war disablement pension or war widow's or widower's pension;
(g)a guaranteed income payment;
[F3(h)a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005F4, in any case where article 23(2)(c) applies;]
(i)income from capital, other than capital disregarded under Part 1 of Schedule 6;
(j)social security benefits, other than retirement pension income or any of the following benefits—
(i)disability living allowance;
[F5(ia)personal independence payment;]
[F6(ib)armed forces independence payment;]
(ii)attendance allowance payable under section 64 of the Act;
(iii)an increase of disablement pension under section 104 or 105 of the Act;
(iv)a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part 2 of Schedule 8 to the ActF7;
(v)an increase of an allowance payable in respect of constant attendance under paragraph 4 of Part 1 of Schedule 8 to the Act;
(vi)child benefit;
(vii)any guardian's allowance payable under section 77 of the Act;
(viii)any increase for a dependant, other than the claimant's partner, payable in accordance with Part 4 of the Act;
(ix)any social fund payment made under Part 8 of the Act;
(x)Christmas bonus payable under Part 10 of the Act;
(xi)housing benefit;
F8(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(xiii)bereavement support payment under section 30 of the Pensions Act 2014;]
(xiv)statutory sick pay;
(xv)statutory maternity pay;
[F10(xvi)F11... statutory paternity pay payable under Part 12ZA of the Act;]
F12(xvia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)statutory adoption pay payable under Part 12ZB of the ActF13;
[F14(xviia)statutory shared parental pay payable under Part 12ZC of the Act;]
[F15(xviib)carer’s allowance supplement payable under section 81 of the Social Security (Scotland) Act 2018;]
[F16(xviic)early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;]
[F17(xviid)funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.]
(xviii)any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland;
(k)all foreign social security benefits which are similar to the social security benefits prescribed above;
[F18(l)a payment made—
(i)under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, in any case where article 30(1)(b) applies; or
(ii)under article 12(8) of that Order, in any case where sub-paragraph (b) of that article applies;]
[F19(m)a pension paid by a government to victims of National Socialist persecution;]
(n)payments under a scheme made under the Pneumoconiosis etc. (Worker's Compensation) Act 1979F20;
(o)payments made towards the maintenance of the claimant by his spouse, civil partner, former spouse or former civil partner or towards the maintenance of the claimant's partner by his spouse, civil partner, former spouse or former civil partner, including payments made—
(i)under a court order;
(ii)under an agreement for maintenance; or
(iii)voluntarily;
(p)payments due from any person in respect of board and lodging accommodation provided by the claimant;
[F21(q)royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;]
[F22(r)any payment in respect of any—
(i)book registered under the Public Lending Right Scheme 1982F23; or
(ii)work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;]
(s)any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability;
(t)any sum payable by way of pension out of money provided under the Civil List Act 1837F24, the Civil List Act 1937F25, the Civil List Act 1952F26, the Civil List Act 1972 F27 or the Civil List Act 1975 F28;
(u)any income in lieu of that specified in sub-paragraphs (a) to (r);
(v)any payment of rent made to a claimant who—
(i)owns the freehold or leasehold interest in any property or is a tenant of any property;
(ii)occupies part of the property; and
(iii)has an agreement with another person allowing that person to occupy that property on payment of rent; F29...
(w)any payment made at regular intervals under an equity release scheme.
[F30(x) PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act.]
[F31(2) For the purposes of these Regulations and subject to regulation 44(2) (capital to be disregarded), a claimant’s capital shall be treated as if it were a weekly income of—
(a)£1 for each £500 in excess of £10,000; and
(b)£1 for any excess which is not a complete £500.]
(3) Where the payment of any social security benefit prescribed under paragraph (1)[F32, or retirement pension income to which section 16(1)(za) to (e) of the State Pension Credit Act applies,] is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.
(4) The adjustments specified in this paragraph are those made in accordance with—
(a)the Social Security (Overlapping Benefits) Regulations 1979F33;
(b)the Social Security (Hospital In-Patients) Regulations 1975F34;
(c)section 30DD or section 30E of the ActF35 (reductions in incapacity benefit in respect of pensions and councillor's allowances).
[F36(d)section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor’s allowances).]
[F37(e)section 14 of the Pensions Act 2014 (pension sharing: reduction in the sharer’s section 4 pension);
(f)section 45B or 55B of the Social Security Contributions and Benefits Act 1992 (reduction of additional pension in Category A retirement pension and shared additional pension: pension sharing).]
(5) Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 F38 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.
F39(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In paragraph (1)(w), “equity release scheme” means a loan—
(a)made between a person (“the lender”) and the claimant;
(b)by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and
(c)which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home.
Textual Amendments
F1 See definition inserted in regulation 2(1) by S.I. 2002/2402.
F2 See section 16(1) of the State Pension Credit Act 2002 (c. 16).
F3Reg. 29(1)(h) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 6(4)(a)
F5Reg. 29(1)(j)(ia) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(3)
F6Reg. 29(1)(j)(ib) 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. 35(3)
F7 See in particular paragraph 7(2)(b) of Schedule 8.
F8Reg. 29(1)(j)(xii) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1
F9Reg. 29(1)(j)(xiii) substituted (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), 26(2)
F10Reg. 29(1)(j)(xvi)(xvia) substituted for reg. 29(1)(j)(xvi) (1.4.2012 for specified purposes, 2.4.2012 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(2), 8(3)
F11Word in reg. 29(1)(j)(xvi) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 18(4)(a) (with art. 35(1))
F12Reg. 29(1)(j)(xvia) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 18(4)(b) (with art. 35(1))
F13Part 12ZB was inserted by section 4 of the Employment Act 2002.
F14Reg. 29(1)(j)(xviia) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 18(4)(c)
F15Reg. 29(1)(j)(xviib) inserted (3.9.2018) by The Social Security (Scotland) Act 2018 (Consequential Modifications) Order 2018 (S.I. 2018/872), art. 6(2), reg. 1(2)
F16Reg. 29(1)(j)(xviic) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Best Start Grants) (Consequential Modifications and Saving) Order 2018 (S.I. 2018/1138), art. 9(2)
F17Reg. 29(1)(j)(xviid) inserted (24.6.19) coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019 (S.I. 2019/1060), art. 15(2)
F18Reg. 29(1)(l) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 6(4)(b)
F19Reg. 29(1)(m) substituted (20.3.2017) by The Social Security (Income-Related Benefits) Amendment Regulations 2017 (S.I. 2017/174), regs. 1, 6(2)
F20 1979 c. 41; amended by section 24 of the Social Security Act 1985 (c. 53).
F21Reg. 29(1)(q) substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), reg. 7(4)(a)
F22Reg. 29(1)(r) substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), reg. 7(4)(b)
F23The Scheme is set out in the Appendix to S.I. 1982/719.
F29Word in reg. 29(1)(v) omitted (6.4.2006) by virtue of Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(2), 10(2)(a)
F30Reg. 29(1)(x) inserted (6.4.2006) by Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(2), 10(2)(b)
F31Reg. 29(2) substituted (2.11.2009) by The Social Security (Deemed Income from Capital) Regulations 2009 (S.I. 2009/1676), regs. 1, 5(2)
F32Words in reg. 29(3) inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 12(2)(a)
F35Sections 30DD was inserted by the Welfare Reform and Pensions Act 1999 (c. 30) and 30E were inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).
F36Reg. 29(4)(d) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 33
F37Reg. 29(4)(e)(f) added (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 12(2)(b)
F39Reg. 29(6)(7) omitted (2.11.2009) by virtue of The Social Security (Deemed Income from Capital) Regulations 2009 (S.I. 2009/1676), regs. 1, 5(3)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: