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
vi
the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations F5; or
F17ix
armed forces independence payment; or
F19b
is or are certified as severely sight impaired or blind by a consultant ophthalmologist; 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 F6 (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 F7, 196 days;
ii
in any other case, 364 days; F11or
F11d
has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
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 F12... 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 F13... 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.