The Housing Benefit (General) Regulations 1987

Regulation 33(2)

SCHEDULE4 SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1.  Any amount paid by way of tax on income which is to be taken into account under regulation 33 (calculation of income other than earnings).

2.  Any payment in respect of any expenses incurred by a claimant who is–

(a) engaged by a charitable or voluntary body, or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 35(5) (notional income).

3.  In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4.  Where a claimant is on income support, the whole of his income.

5.  Any mobility allowance under section 37A of the Social Security Act(1).

6.  Any concessionary payment made to compensate for the non-payment of

(a) any payment specified in paragraph 5 or 8;

(b) income support.

7.  Any mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(2) (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983(3) or any payment intended to compensate for the non-payment of such a supplement.

8.  Any attendance allowance.

9.  Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.

10.  Any sum in respect of a course of study attended by a child or young person payable by virtue of Regulations made under section 81 of the Education Act 1944(4) (assistance by means of scholarships or otherwise), or by virtue of section 2(1) of the Education Act 1962(5) (awards for courses of further education), or section 49 of the Education (Scotland) Act 1980(6) (power to assist persons to take advantage of educational facilities).

11.  In the case of a claimant attending a training course under the Adult and Youth Training Programme established under section 2(1) of the Employment and Training Act 1973(7) or a course at an employment rehabilitation centre established under that section–

(a) travelling expenses reimbursed to the claimant; and

(b) if he receives an allowance under the provision of section 2(2)(d) of that Act such amount, if any, of that allowance expressed to be a living away from home allowance, but only in respect of the dwelling he normally occupies as his home,

but not any part of any allowance under that section expressed to be a personal allowance.

12.  Any Job Start Allowance payable under section 2(1) of the Employment and Training Act 1973.

13.  Subject to paragraph 31, £5 of any charitable payment or of any voluntary payment made or due to be made (whether or not so made) at regular intervals other than a payment which is made by a person for the maintenance of any member of his family or his former partner or of his children; and, for the purposes of this paragraph, where a number of such charitable or voluntary payments falls to be taken into account in any one week they shall be treated as though they were one such payment.

14.  Subject to paragraph 33, £5 of any of the following, namely–

(a) war disablement pension or war widow’s pension or a payment made to compensate for the non-payment of such a pension;

(b) a pension paid under the social security scheme of a country outside Great Britain and which either –

(i) is analogous to a war disablement pension, or

(ii) is paid to a war widow in respect of a person’s death but is otherwise analogous to such a pension;

(c) a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it, or of the Republic of Austria, to victims of National Socialist persecution.

15.—(1) Any income derived from capital to which the claiment is or is treated under regulation 44 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 4, 7 or 13 of Schedule 5.(17) (deduction of tax from certain loan interest) on a payment of relevant loan intere

(2) Income derived from capital disregarded under paragraphs 2 or 4 of Schedule 5 but only to the extent of any mortgage repayments and payment of rates made in respect of the dwelling or premises in the period during which that income accrued.

16.  Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions–

(a) that the loan was made as part of a scheme under which not less than 90% of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

(e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,the amount, calculated on a weekly basis, equal to–

(i) where, or insofar as, section 26 of the Finance Act 1982(8) (deduction of tax from certain loan interest) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due,

(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

17.  Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating–

(a) under regulations made in exercise of the powers conferred by section 1 of the Education Act 1962(9), that student’s award under that section;

(b) that student’s award under section 2 of that Act; or

(c) under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980(10), that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section, an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

18.—(1) Where the claimant is the parent of a student aged under 25 in advanced education who either–

(a) is not in receipt of any award or grant in respect of that education; or

(b) is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,and the claimant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 17, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

(2) For the purposes of sub-paragraph (1), the amount shall be equal to–

(a) the weekly amount of the payments; or

(b) the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),whichever is less.

19.  Any payment made to the claimant by a child or young person or a non-dependant.

20.  Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 19 refers and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant–

(a) £4 of any payment made by that person; and

(b) a further £6.70, where that payment is inclusive of an amount for heating.

21.  Any income in kind.

22.  Any income which is payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.

23.—(1) Any payment made to the claimant in respect of a person who is a member of his family–

(a) in accordance with a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958(11) or, as the case may be, section 51 of the Adoption (Scotland) Act 1978(12) (schemes for payments of allowances to adopters);

(b) which is payment made by a local authority, in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975(13) (contributions to a custodian towards the cost of the accommodation and maintenance of a child); to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person–

(a) to whom regulation 36(2) applies (capital in excess of £3,000), the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 2 in the calculation of the claimant’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

24.  Any payment made by a local authority to the claimant with whom a person is boarded out by virtue of arrangements made under section 21(1)(a) of the Child Care Act 1980(14) or, as the case may be, section 12 of the Social Work (Scotland) Act 1968(15) or by a voluntary organisation under section 61 of the 1980 Act or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985(16) (provision of accommodation and maintenance for children in care).

25.  Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care.

26.  Any payment made under section 1 of the Child Care Act 1980 or, as the case may be, section 12 of the Social Work (Scotland) Act 1968 (duty of local authorities to promote welfare of children).

27.  An amount equal to any maintenance payment made by the claimant to his former partner or in resepct of his children other than children who are members of his household.

28.  Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan for the purchase of the dwelling which the claimant occupies as his home and secured on that dwelling to the extent that it does not exceed the amount calculated, on a weekly basis, of that repayment.

29.  Any payment of income which by virtue of regulation 40 (income treated as capital) is to be treated as capital.

30.  Any social fund payment.

31.  Any payment under paragraph 2 of Schedule 6 to the Act (pensioners' Christmas bonus).

32.  Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

33.  The total of a claimant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 19(3) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulation 54(2)(b) and regulation 55(1)(e) (calculation of covenant income where a contribution assessed, covenant income where no grant income or no contribution is assessed) and pararaphs 13 and 14 shall in no case exceed £5 per week.

(1)

Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and amended by the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 64; the Social Security Act 1979 (c. 18) section 3 and the Social Security Act 1986 (c. 50) sections 71 and 86 and Schedule 11.

(2)

S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521 and 1986/592.

(3)

S.I. 1983/686, amended by S.I. 1983/1164 and 1540 and 1986/628.

(4)

1944 c. 31, amended by S.I. 1964/490.

(5)

1962 c. 12; section 2(1) was substituted by section 19 of and Schedule 5 to the Education Act 1980 (c. 20).

(6)

1980 c. 44.

(7)

1973 c. 50; section 2 was amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training act 1981 (c. 57).

(8)

1982 c. 39.

(9)

1962 c. 12; sections 1 and 2 were substituted by section 19 Schedule 5 of the Education Act 1980 (c. 20) and section 1(3) amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11) and see the Education (Mandatory Awards) Regulations 1987 (S.I. 1987/1261).

(10)

1980 c. 44 and see Education Authority Bursaries (Scotland) Regulations 1986 (S.I. 1986/1227).

(11)

1958 (7 & 8 Eliz. 2) c.5; sub-section (4) of section 50 was added by section 32 of the Children Act 1975 (c. 72).

(12)

1978 c. 28.

(13)

1975 c. 72, as amended by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

(14)

1980 c. 5, amended by section 9 and Schedule 2 paragraph 49 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

(15)

1968 c. 49.

(16)

S.I. 1985/1799.

(17)

1982 c. 39.