SCHEDULE 5Sums to be disregarded in the calculation of earnings

3

1

In a case to which this paragraph applies and paragraph 4 does not apply, £20; but notwithstanding regulation 22 if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £20.

2

This paragraph applies where the claimant’s applicable amount includes an amount by way of the disability premium or severe disability premium under Schedule 4.

3

This paragraph applies where—

a

the claimant is a member of a couple and his applicable amount would, but for the higher pensioner premium under Schedule 4 being applicable, include an amount by way of the disability premium under that Schedule; and

b

he or his partner is under the age of 60 and at least one is engaged in employment.

4

This paragraph applies where—

a

the claimant’s applicable amount includes an amount by way of the higher pensioner premium under Schedule 4;

b

the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60;

c

immediately before attaining that age he or, as the case may be, he or his partner was engaged in employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £20; and

d

he or, if he is a member of a couple, he or his partner has continued in employment.

5

For the purposes of this paragraph, no account shall be taken of any period not exceeding 8 consecutive weeks occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in employment or the claimant ceased to be entitled to housing benefit.