C1SCHEDULE 5Capital to be disregarded

Annotations:
Modifications etc. (not altering text)

9

1

Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

a

any payment specified in paragraphs 7, 9 or 10 of Schedule 4;

F2b

an income-related benefit under Part 7 of the Act;

c

an income-based jobseeker's allowance;

d

any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 M1;

e

working tax credit and child tax credit F1...,

F3f

an income-related employment and support allowance,

but only for a period of 52 weeks from the date of the receipt of arrears or of the concessionary payment.

2

In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as “the relevant sum”) and is—

a

paid in order to rectify or to compensate for, an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations; and

b

received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of council tax benefit, for the remainder of that award if that is a longer period.

3

For the purposes of sub-paragraph (2), “the award of council tax benefit” means—

a

the award in which the relevant sum is first received (or the first part thereof where it is paid in more than one instalment); and

b

where that award is followed by one or more further awards which, or each of which, begins immediately after the end of the previous award, such further award provided that for that further award the claimant—

i

is the person who received the relevant sum; or

ii

is the partner of the person who received the relevant sum, or was that person's partner at the date of his death.