SCHEDULE 4Sums disregarded from claimant's earnings

5

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 Act F1;

ii

severe disablement allowance under section 68 of the Act F2;

iii

attendance allowance;

iv

disability living allowance under sections 71 to 76 of the Act F3;

v

any mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 F4 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 F5; or

vi

the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations F6; 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 F7 (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 council constituted under section 2 of the Local Government (Scotland) Act 1994 F8; or

c

is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act F9 (incapacity for work), and has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

i

in the case of a claimant who is terminally ill within the meaning of section 30B(4) of that Act F10, 196 days;

ii

in any other case, 364 days.

2

Subject to sub-paragraph (3), £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 or his partner attains the qualifying age for state pension credit, had an award of housing benefit or council tax benefit and—

a

£20 was disregarded in respect of earnings taken into account in that award;

b

the person whose earnings qualified for the disregard continues in employment after the termination of that award.

3

The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person's entitlement to housing benefit or council tax benefit or in employment following the first day in respect of which that benefit is awarded.

4

£20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that, where the claimant has a partner, both the claimant and his partner satisfy the requirements of this paragraph.