SCHEDULE 6Capital to be disregarded

PART 1Capital to be disregarded generally

21.—(1) Subject to paragraph 22 any amount paid—

(a)by way of arrears of benefit;

(b)by way of compensation for the late payment of benefit;

(c)in lieu of the payment of benefit;

(d)to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;

(e)by a local authority (including, in relation to England, a county council), or by the [F1Welsh Ministers], to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

(2) In sub-paragraph (1), “benefit” means—

(a)attendance allowance under section 64 of the Act;

(b)disability living allowance;

(c)income support;

(d)income-based jobseeker's allowance;

(e)state pension credit;

(f)housing benefit;

(g)council tax benefit;

(h)child tax credit;

(i)an increase of a disablement pension under section 104 of the Act (increase where constant attendance is needed), and any further increase of such a pension under section 105 of the Act (increase for exceptionally severe disablement);

(j)any amount included on account of the claimant's exceptionally severe disablement or need for constant attendance in a war disablement pension or a war widow's or widower's pension.

[F2(k)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001; F3...

(l)working tax credit.][F4 or

(m)income-related employment and support allowance.]

Textual Amendments

F2Sch. 6 para. 21(2)(k)(l) inserted by SI 2005/2502 reg. 2(17) (as amended) (3.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(17) (with regs. 2, 3, Sch. 3, Sch. 4)