Amendment of the Employment and Support Allowance Regulations 20088.

(1)

The Employment and Support Allowance Regulations 200815 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “last day of the course” insert—

““LGBT Financial Recognition Scheme payment” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;”;

(b)

in the definition of “qualifying person” for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment”.

(3)

In regulation 107(5A) (notional income – income due to be paid or income paid to or in respect of a third party) for sub-paragraphs (c) and (d) substitute—

“(c)

a Windrush payment;

(d)

a Post Office compensation payment;

(e)

an LGBT Financial Recognition Scheme payment.”.

(4)

In regulation 112(8)(b) (income treated as capital) for paragraphs (iii) and (iv) substitute—

“(iii)

Windrush payment;

(iv)

Post Office compensation payment;

(v)

LGBT Financial Recognition Scheme payment.”.

(5)

In regulation 115(5A) (notional capital) for sub-paragraphs (c) to (e) substitute—

“(c)

a Windrush payment;

(d)

a Post Office compensation payment;

(e)

a vaccine damage payment;

(f)

an LGBT Financial Recognition Scheme payment.”.

(6)

In Schedule 6 (housing costs), in paragraph 19(8)(b), for “or Post Office compensation payment” substitute “, Post Office compensation payment or LGBT Financial Recognition Scheme payment”.

(7)

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—

(a)

in sub-paragraph (1A), for paragraphs (c) and (d) substitute—

“(c)

Windrush payment;

(d)

Post Office compensation payment;

(e)

LGBT Financial Recognition Scheme payment.”;

(b)

in each of sub-paragraphs (2) to (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment”.

(8)

In Schedule 9 (capital to be disregarded), in paragraph 27—

(a)

in sub-paragraph (1A) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment”;

(b)

in each of sub-paragraphs (2) to (5) and (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment”.