PART 2Determinations in respect of an individual's financial resources

CHAPTER 4Calculation of capital

Certain payments to be disregarded40

F81

In calculating the disposable capital of the individual, there must be disregarded—

a

so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 M1 as is by virtue of that section to be treated as payable by way of jobseeker's allowance;

b

any—

i

payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or

ii

arrears of payments made under the Community Care (Direct Payments) Act 1996 M2F1or sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under F2section 17A of the Children Act 1989 (direct payments), section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments)F3, section 57 of the Health and Social Care Act 2001 F4or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments); F5or

F6iii

payments made under Part 2 or 3 of the 2013 Regulations or Part 2 or 3 of the 2016 (Northern Ireland) Regulations; and

c

any payment made out of the Independent Living Fund 2006 F7or by or under the Welsh Independent Living Grant;

F10d

any payment made under the Windrush Compensation Scheme; F12...

e

any Windrush connected payment.

F13f

any payment made by or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or a Relevant Infected Blood Support Scheme;

g

any payment made under the Vaccine Damage Payments Act 1979; F14...

h

any payment by or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisionsF15;

i

a payment made under the Social Security (Additional Payments) Act 2022;

j

a payment made to an individual under section 13 or 15 of the Energy Prices Act 2022

F92

In calculating the disposable capital of the individual, the Director may disregard any payment that meets all of the following conditions—

a

the payment was made to an individual who is a victim of the fire at Grenfell Tower;

b

the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower, and

c

the payment was not made directly to the individual by an individual known personally to the individual.

F112A

In calculating the disposable capital of the individual, the Director may disregard the following payments—

a

any payment made by or under the National Emergencies Trust, the We Love Manchester Emergency Fund, or the London Emergencies Trust; and

b

any award of compensation under a Criminal Injuries Compensation Scheme.

3

In this regulation, “fire at Grenfell Tower”; “Grenfell Tower”, and “victim of the fire at Grenfell Tower” have the same meaning as in regulation 24(4).