Regulation 23(8)
SCHEDULE 2Sums disregarded from claimant's earnings
1. Where two or more of paragraphs 2 to 5 apply in any particular case the overall maximum sum which falls to be disregarded in that case under those paragraphs is restricted to—
(a)£25 in the case of a lone parent;
(b)£20 in any other case.
2. In a case where a claimant is a lone parent, £25 of earnings.
3.—(1) In a case of earnings from any employment or employments to which sub-paragraph (2) applies, £20.
(2) This paragraph applies to employment—
(a)as a part-time fire-fighter employed by a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 M1 or a scheme to which section 4 of that Act applies;
(b)a part-time fire-fighter employed by a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005 M2) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act;
(c)as an auxiliary coastguard in respect of coast rescue activities;
(d)in the manning or launching of a lifeboat if the employment is part-time;
(e)as a member of any territorial or reserve force prescribed in Part I of Schedule 6 to Social Security (Contributions) Regulations 2001 M3.
(3) If—
(a)any of the earnings of the claimant or, if he has a partner, his partner, or both of them, are disregarded under sub-paragraph (1); and
(b)either of them has, or both of them have, other earnings,
so much of those other earnings as would not, in the aggregate with the earnings disregarded under that sub-paragraph, exceed £20.
Marginal Citations
M22005 asp 5. paragraph 3(1)(c) applies in Scotland only– see footnote (a) above.
4.—(1) If the claimant or, if he has a partner, his partner is a carer, or both are carers, £20 of any earnings received from his or their employment.
(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.
(3) In this paragraph the claimant or his partner is a carer if paragraph 9 of Part 3 of Schedule 1 (amount applicable for carers) is satisfied in respect of him.
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 M4;
(ii)severe disablement allowance under section 68 of the Act M5;
(iii)attendance allowance;
(iv)disability living allowance under section 71 to 76 of the Act M6;
(v)any mobility supplement under [F1article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 M7; F2...
(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations M8; or
[F3(vii)main phase employment and support allowance; or]
(b)is or are registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 M9 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994; 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 M10 (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 the Act M11, 196 days;
(ii)in any other case, 364 days; [F4or]
[F4(d)has, or is treated as having, limited capacity 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
(ii)regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arising does not apply) applies.]
(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 or council tax benefit 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 or council tax benefit 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.
Textual Amendments
F1Words in Sch. 2 para. 5(1)(a)(v) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 8(7)
F2Word in Sch. 2 para. 5(1)(a)(v) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 78(a)
F3Sch. 2 para. 5(1)(a)(vii) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 78(b)
F4Sch. 2 para. 5(1)(d) and word inserted (1.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(3), 9(8)
Marginal Citations
M4Section 30A was inserted by Social Security (Incapacity for Work) Act 1994 (c. 18).and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 64 and the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24, paragraph 14.
M5Saved by S.I. 2000/2958, article 4.
M6Sections 71, 72 and 73 are amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 67.
M7S.I. 1983/686; inserted by S.I. 1983/1164 and amended by S.I. 1983/1164 and 1540, 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420.
M8Substituted by S.I. 2005/681.
M91948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41) section 108(5) and Schedule 13 paragraph 11(2) and the National Health Service and Community Care Act 1990 (c. 19), section 44(7).
M10Part 12A was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 5 and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 61 and by the Social Security Act 1998 (c. 14), section 86(1) and Schedule 7, paragraphs 75 and 76.
M11Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 2 and amended by the Pensions Act 1995 (c. 26), section 126 and Schedule 4, paragraph 18; the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, paragraph 22; the Tax Credits Act 2002 (c. 21), section 60, Schedule 6; and the Civil Partnership Act 2004 (c. 33) section 254 and Schedule 24, paragraph 13.
6. Any amount or the balance of any amount which would fall to be disregarded under paragraph 18 or 19 of Schedule 3 had the claimant's income which does not consist of earnings been sufficient to entitle him to the full disregarded thereunder.
7. Except where the claimant or his partner qualifies for a £20 disregard under the preceding provisions of this Schedule—
(a)£5 shall be disregarded if a claimant who has no partner has earnings;
(b)£10 shall be disregarded if a claimant who has a partner has earnings.
8. Any earnings, other than earnings referred to in regulation 23(8)(b), derived from employment which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to council tax benefit.
9.—(1) In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under this Schedule shall be increased by [F5£16.85].
(2) The conditions of this sub-paragraph are that—
(a)the claimant, or if he has a partner, either the claimant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit Regulations applies; or
(b)the claimant—
(i)is, or any partner of his is, aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week; or
(ii)if he is a member of a couple—
(aa)at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week; and
(bb)his applicable amount includes a family premium under paragraph 3 of Schedule 1; or
(iii)is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week; or
(iv)is, or if he has a partner, one of them is, engaged in remunerative work for on average not less than 16 hours per week and paragraph 5(1) above is satisfied in respect of that person; or
(c)the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations M12 (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.
(3) The following are the amounts referred to in sub-paragraph (1)—
(a)any amount disregarded under this Schedule;
(b)the amount of child care charges calculated as deductible under regulation 20(1)(c); and
(c)[F6£16.85].
(4) The provisions of regulation 6 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation was a reference to 30 hours.
Textual Amendments
F5Word in Sch. 2 para. 9(1) substituted (with effect in accordance with art. 1(3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(a), 22(7)
F6Word in Sch. 2 para. 9(3)(c) substituted (with effect in accordance with art. 1(3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(a), 22(7)
Marginal Citations
M12Amended by S.I. 2003/3815.
10. Where a payment of earnings is made in a currency other than Sterling, any banking charge or commission payable in converting to that payment into Sterling.