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 National Assembly for Wales, 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.