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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.

[F2(f)by way of local welfare provision including arrears and payments in lieu of local welfare [F3provision;]]

[F4(g)to rectify, or to compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance, being an amount to which paragraph 22(1A) does not apply.]

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

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

(b)disability living allowance;

[F5(ba)personal independence payment;]

[F6(bb)armed forces independence payment;]

(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.

[F7(k)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001; F8...

(l)working tax credit] F9...

[F10(m)income-related employment and support allowance;]F11...

[F12(n)social fund payments][F13; or

(o)universal credit.]

[F14(p)bereavement support payment under section 30 of the Pensions Act 2014.]

[F15(q)early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.]

[F16(r)funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.]

[F17(s)maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner).]

[F18(t)any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.]

[F19(u)any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.]

[F20(v)short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018;]

[F21(w)winter heating assistance given in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018;]

[F22(x)disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.]

[F23(3) In sub-paragraph (1) “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance.]

Textual Amendments

F7Sch. 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)

F9Word in Sch. 6 para. 21(2)(l) omitted (2.4.2013) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 8(4)(a)(ii)

F14Sch. 6 Pt. 1 para. 21(2)(p) 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), 26(3)(a)

F15Sch. 6 para. 21(2)(q) 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(3)

F16Sch. 6 para. 21(2)(r) 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(3)