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The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021

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Amendment of the Employment and Support Allowance Regulations 2008

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7.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)in the appropriate places insert—

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;;

“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;;

(b)in the definition of “qualifying person”, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3) In regulation 107(5A) (notional income), for “a payment of income which is a Grenfell Tower payment” substitute—

any of the following payments of income—

(a)a Grenfell Tower payment;

(b)a child abuse payment;

(c)a Windrush payment..

(4) For regulation 112(8)(b) (income treated as capital), substitute—

(b)any—

(i)Grenfell Tower payment;

(ii)child abuse payment;

(iii)Windrush payment..

(5) In regulation 115(5A) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

any of the following payments of capital—

(a)a Grenfell Tower payment;

(b)a child abuse payment;

(c)a Windrush payment..

(6) In paragraph 19(8)(b) (non-dependant deductions) of Schedule 6 (housing costs), after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment”.

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

(a)in paragraph 22(2), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)in paragraph 41—

(i)for sub-paragraph (1A) substitute—

(1A) Any—

(a)Grenfell Tower payment;

(b)child abuse payment;

(c)Windrush payment..

(c)in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8) In Schedule 9 (capital to be disregarded)—

(a)in paragraph 27—

(i)in sub-paragraph (1A) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(ii)in sub-paragraphs (2) to (6), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)in paragraph 31, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(1)

S.I. 2008/794. Relevant amendment made by S.I. 2020/618.

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