PART 2Advice and assistance

Disposable income: deductions11.

(1)

To calculate the disposable income of an individual in accordance with regulation 6(1), the Director must deduct the amounts specified in paragraphs (2) and (3).

(2)

The amounts are such amounts as were paid or payable by the individual during the period of calculation in respect of—

(a)

any income tax on the individual’s income; and

(b)

any estimated contributions under Part I of the 1992 Act or Part 1 of the 1992 (Northern Ireland) Act.

(3)

The amounts are such amounts as were paid to the individual during the period of calculation in respect of—

(a)

attendance allowance paid under section 64 of the 1992 Act or section 64 of the 1992 (Northern Ireland) Act;

(b)

disability living allowance paid under section 71 of the 1992 Act20 or section 71 of the 1992 (Northern Ireland) Act;

(c)

constant attendance allowance paid under section 104 of the 1992 Act as an increase to a disablement pension or under section 104 of the 1992 (Northern Ireland) Act;

(d)

any payment made out of the social fund under the 1992 Act or the 1992 (Northern Ireland) Act;

(e)

so much of any back to work bonus received under section 26 of the 1995 Act as is, by virtue of that section, to be treated as payable by way of a jobseeker’s allowance;

(f)

any direct payments made under regulations made under section 57(1) of the 2001 Act21(direct payments), section 17A of the 1989 Act22(direct payments) or section 8(1) of the 2002 (Northern Ireland) Direct Payments Act (direct payments);

(g)

any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 200223; and

(h)

any personal independence payment paid under Part 4 of the 2012 Act.