The Jobseeker’s Allowance Regulations 1996

SCHEDULES

[F2 Regulation 3D(1)(c)]

[F1 SCHEDULE A1 CATEGORIES OF MEMBERS OF A JOINT-CLAIM COUPLE WHO ARE NOT REQUIRED TO SATISFY THE CONDITIONS IN SECTION 1(2B)(b)

Textual Amendments

F1 Sch. A1 inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(4), Sch. 1

F2 Words in Sch. A1 heading substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(a)

Interpretation

1.   In this Schedule, “member” means a member of a joint-claim couple.

Member studying full-time

2.— [F3 (1) A member—

(a) who, at the date of claim, is [F4 a qualifying young person within the meaning of] section 142 of the Benefits Act;

(b) who, at the date of claim, is a full-time student; or

(c) to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.

(1A) This sub-paragraph applies to a member who—

(a) as at the date of claim—

(i) had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected; or

(ii) had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year; and

(b) is either—

(i) [F4 a qualifying young person within the meaning of] section 142 of the Benefits Act; or

(ii) a full-time student.

(2) This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course)—

(a) within one month of—

(i) the last day of a previous course of study; or

(ii) the day on which the member received examination results relating to a previous course of study; and

(b) who is either—

(i) [F4 a qualifying young person within the meaning of] section 142 of the Benefits Act; or

(ii) a full-time student.]

(3) A member to whom any provision of regulation 13(2)(b) to (e) of the Income Support Regulations (persons receiving relevant education who are severely handicapped, orphans and persons estranged from their parents or guardian) applies.

Textual Amendments

F3 Sch. A1 para. 2(1)(1A)(2) substituted for Sch. A1 para. 2(1)(2) (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(b)

F4 Words in Sch. A1 para. 2 substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(9)(a)

Member caring for another person

3.   A member (the carer)—

(a) who is regularly and substantially engaged in caring for another person if—

(i) the person being cared for is in receipt of attendance allowance[F5 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F6 , armed forces independence payment]; or

(ii) the person being cared for has claimed attendance allowance but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

(iii) the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;

(iv) the person being cared for has claimed entitlement to a disability living allowance [F7 or personal independence payment][F8 , armed forces independence payment] but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

(v) the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with regulation 13A of the Claims and Payments Regulations (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance; [F9 F10 ...

(vi) the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit etc. Claims and Payments Regulations (advance claim for and award of personal independence payment), an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;] [F11 or

(vii) the person being cared for has claimed entitlement to armed forces independence payment and an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;]

(b) who is engaged in caring for another person and who is both entitled to, and in receipt of, [F12 a] [F12 carer’s allowance].

Textual Amendments

F5 Words in Sch. A1 para. 3(a)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(6)(a)

F6 Words in Sch. A1 para. 3(a)(i) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(a)

F7 Words in Sch. A1 para. 3(a)(iv) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(6)(b)

F8 Words in Sch. A1 para. 3(a)(iv) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(b)

F9 Sch. A1 para. 3(a)(vi) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(6)(c)

F10 Word in Sch. A1 para. 3(a) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(c)

F11 Sch. A1 para. 3(a)(vii) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(d)

F12 Words in Sch. A1 substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

4.   A member to whom paragraph 3 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.

5.   A member who, had he previously made a claim for, and had been entitled to, a jobseeker’s allowance, would have fulfilled the conditions of paragraph 3, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.

[F13 Member treated as capable of work, or member entitled to statutory sick pay]

6.   A member who—

F14 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) is treated as capable of work by virtue of regulations made under section 171E(1) of [F15 the Benefits Act] (disqualification etc.); or

(d) is entitled to statutory sick pay.

Textual Amendments

F13 Sch. A1 para. 6 heading substituted (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(b)

F14 Sch. A1 para. 6(a)(b) revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(i)

F15 Words in Sch. A1 para. 6(c) substituted (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(c)

[F16 Member has limited capability for work

6A.   A person who—

(a) has limited capability for work under section 8 of the Welfare Reform Act; or

(b) is treated as having limited capability for work under regulations made under paragraph 1 of Schedule 2 to that Act; or

(c) is treated as not having limited capability for work under regulations made under section 18(1) of that Act (disqualification).]

Textual Amendments

F16 Sch. A1 para. 6A inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(23)(a)

[F17 6B.— (1) Subject to sub-paragraph (2), a person who provides—

(a) a statement which complies with the rules in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976,

(b) a self-certificate for a period of limited capability for work which lasts less than 8 days or in respect of any of the first 7 days of limited capability for work, or

(c) where it would be unreasonable to require a person to provide a statement in accordance with paragraph (a), such other evidence as the Secretary of State considers to be sufficient to show that the person has limited capability for work.

(2) Sub-paragraph (1) applies to a person for the period covered by evidence falling within that sub-paragraph.

(3) For the purposes of this paragraph—

(a) “limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act 2007; and

(b) “self-certificate” means a declaration made by the person in writing on a form approved for the purpose by the Secretary of State that the person has been unfit for work on a date or for a period specified in the declaration and may include a statement that the person expects to continue to be unfit for work on days subsequent to the date on which it is made.]

Textual Amendments

F17 Sch. A1 para. 6B inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(11)

[F18 Members in employment living in residential care homes, nursing homes or residential accommodation

7.   A member to whom regulation 53(c) (persons treated as not engaged in remunerative work) applies.]

Textual Amendments

F18 Sch. A1 para. 7 revoked in part (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(b)(ii) (with reg. 4(3)(5))

[F19 Disabled workers

8.   A member to whom regulation 53(h) (persons treated as not engaged in remunerative work) applies.]

Textual Amendments

F19 Sch. A1 para. 8 revoked in part (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(b)(ii) (with reg. 4(3)(5))

Disabled students

F20 9.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. A1 para. 9 revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(ii)

Deaf students

F21 10.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. A1 para. 10 revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(iii)

Blind members

F22 11.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. A1 para. 11 revoked (with effect in accordance with reg. 4(3)(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(2)(a)(iv)

Pregnancy

12.   A member who is a woman and who is incapable of work [F23 or who has limited capability for work] by reason of pregnancy.

Textual Amendments

F23 Words in Sch. A1 para. 12 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(23)(b)

[F24 Members who have attained the qualifying age for state pension credit

13.   A member who has attained the qualifying age for state pension credit.]

Textual Amendments

F24 Sch. A1 para. 13 substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 12(2)

Refugees

14.   A member who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 and who—

(a) is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

(b) on the date on which that course commenced, had been in Great Britain for not more than 12 months,

but only for a period not exceeding nine months.

[F25 Members required to attend a court or tribunal

15.— (1) A member who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.

(2) In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.]

Textual Amendments

F25 Sch. A1 para. 15 substituted (30.5.2006) by The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006 (S.I. 2006/1402), regs. 1, 2(6)

Young persons in training

16.   A member who [F26 is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person) and who] is engaged in training and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F27 secured by the [F28 [F29 Secretary of State]F30 ...] or by the [F31 Welsh Ministers]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangements with, as the case may be, [F32 Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

Textual Amendments

F26 Words in Sch. A1 para. 16 inserted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(9)(b)

F27 Words in Sch. A1 para. 16 substituted (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 4

F28 Words in Sch. A1 para. 16 substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 5(5)

F29 Words in Sch. A1 para. 16 substituted (E.) (1.5.2012) by The Young People’s Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 5(8)

F30 Words in Sch. A1 para. 16 omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 4(7)

F31 Words in Sch. A1 para. 16 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(9)

F32 Words in Sch. A1 para. 16 inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(g)

Trade disputes

17.   A member who is or would be prevented from being entitled to a jobseeker’s allowance by virtue of section 14 (trade disputes) but only where that section does not prevent the other member from being so entitled.]

Regulations 83 and 84(1)

SCHEDULE 1 APPLICABLE AMOUNTS

PART 1 PERSONAL ALLOWANCES

Modifications etc. (not altering text)

C1 Sch. 1 Pt. 1 modified (coming into force in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(k)(ii), 24(3), Sch. 13

[F33 1.    The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages)—

(1)				(2)
Person or Couple				Amount
(1) Single claimant aged—				(1)
(a)	except where head (b) or (c) of this sub-paragraph applies, less than 18;			(a)	£57.90;
(b)	less than 18 who falls within paragraph (2) of regulation 57 and who—			(b)	£57.90;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16;
(c)	less than 18 who satisfies the condition in paragraph 13(1)(a) of Part 3;			(c)	£57.90;
(d)	not less than 18 but less than 25;			(d)	£57.90;
(e)	not less than 25.			(e)	£73.10.
(2) Lone parent aged—				(2)
(a)	except where head (b) or (c) of this sub-paragraph applies, less than 18;			(a)	£57.90;
(b)	less than 18 who falls within paragraph (2) of regulation 57 and who—			(b)	£57.90;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16;
(c)	less than 18 who satisfies the condition in paragraph 13(1)(a) of Part 3;			(c)	£57.90;
(d)	not less than 18.			(d)	£73.10.
(3) Couple—				(3)
(a)	where both members are aged less than 18 and—			(a)	£87.50;
(i)		at least one of them is treated as responsible for a child; or
(ii)		had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied; or
(iii)		had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied and his partner satisfies the requirements for entitlement to income support or an income-related employment and support allowance other than the requirement to make a claim for it; or
(iv)		they are married or civil partners, and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or
(iva)		they are married or civil partners, and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or
(v)		there is a direction under section 16 (jobseeker’s allowance in cases of severe hardship) in respect of each member; or
(vi)		there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies; or
(vii)		there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support or an income-related employment and support allowance other than the requirement to make a claim for it;
(b)	where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either—			(b)	£57.90;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16 of the Act;
(c)	where both members are aged less than 18 and neither head (a) nor (b) applies but one member of the couple—			(c)	£57.90;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16;
(d)	where both members are aged less than 18 and none of heads (a), (b) or (c) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(1)(a);			(d)	£57.90;
(e)	where—			(e)	£114.85;
	(i)	both members are aged not less than 18; or
	(ii)	one member is aged not less than 18 and the other member is a person who is—
		(aa)	under 18, and
		(bb)	treated as responsible for a child;
(f)	where paragraph (e) does not apply and one member is aged not less than 18 and the other member is a person under 18 who—			(f)	£114.85;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16; or
(iii)		satisfies requirements for entitlement to income support or who would do so if he were not a member of a couple, other than the requirement to make a claim for it; or
(iv)		satisfies requirements for entitlement to an income-related employment and support allowance other than the requirement to make a claim for it;
(g)	where one member is aged not less than 18 but less than 25 and the other member is a person under 18—			(g)	£57.90;
(i)		to whom none of the regulations 59 to 61 applies; or
(ii)		who is not the subject of a direction under section 16; and
(iii)		does not satisfy requirements for entitlement to income support or an income-related employment and support allowance disregarding the requirement to make a claim for it;
(h)	where one member is aged not less than 25 and the other member is a person under 18—			(h)	£73.10.
(i)		to whom none of the regulations 59 to 61 applies; or
(ii)		who is not the subject of a direction under section 16; and
(iii)		does not satisfy requirements for entitlement to income support or an income-related employment and support allowance disregarding the requirement to make a claim for it.]

Textual Amendments

F33 Sch. 1 para. 1 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Welfare Benefits Up-rating Order 2015 (S.I. 2015/30), arts. 1(2)(g), 9, Sch. 3

Modifications etc. (not altering text)

C2 Sch. 1 para. 1: sums maintained (6.4.2016 to 5.4.2020) (16.3.2016) by Welfare Reform and Work Act 2016 (c. 7), s. 36(1)(b), Sch. 1 para. 1(e)

2.— [F34 [F35 (1)] The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall[F36 , for the relevant period specified in column (1),] be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

(1)	(2)
Child or Young Person	Amount
[F37 Person in respect of the period—
(a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	(a) [F38 £66.90;]
(b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s [F39 twentieth] birthday.]	(b) [F38 £66.90.]

[F40 (2) In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.]

The following Table is for transitional purposes only see SI 1997/543 Art. 24(4).

(1)	(2)
[F41 Child or Young Person	Amount
Person aged—
(a) less than 11;	(a) £16.45
(b) not less than 11 but less than 16;	(b) [F42 £24.75]
(c) not less than 16 but less than 18;	(c) [F43 £29.60]
(d) not less than 18.]	(d) [F44 £38.90]]

Textual Amendments

F34 Sch. 1 para. 2 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 20(a)

F35 Words in Sch. 1 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(2)(7)(b) (with reg. 10)

F36 Words in Sch. 1 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(3)(7)(b) (with reg. 10)

F37 Words in Sch. 1 para. 2(1) substituted (10.4.2000) by The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 1999 (S.I. 1999/2555), regs. 1(7)(a), 2(1)(b)(2)(d)

F38 Sums in Sch. 1 para. 2(1) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(3), Sch. 9

F39 Word in Sch. 1 para. 2(1) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(b), 3(10)

F40 Sch. 1 para. 2(2) inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(6)(7)(b) (with reg. 10)

F41 Words in Sch. 1 para. 2 substituted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(4)(7)(b) (with reg. 10)

F42 Sum in Sch. 1 para. 2(b) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(a)

F43 Sum in Sch. 1 para. 2(c) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(b)

F44 Sum in Sch. 1 para. 2(d) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(c)

F45 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 1 para. 3 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 9

PART II FAMILY PREMIUM

4.— [F46 [F47 (1)] The weekly amount for the purposes of regulations 83(d) and 84(1)(e) in respect of a family of which at least one member is a child or young person shall be-

[F48 (a) where the claimant is a lone parent [F49 to whom the conditions in both sub-paragraphs (2) and (3) apply] and no premium is applicable under paragraph 10, F50 ... 12 or 13, [F51 £17.45]

(b) in any other case,] [F52 £17.45]

(2) [F53 The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a) was both a lone parent and entitled to an income-based jobseeker’s allowance on 5th April 1998; or

(b) does not come within head (a) above but—

(i) was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;

(ii) was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii) the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to an income-based jobseeker’s allowance.

(4) The appropriate date for the purposes of sub-paragraph (3) is—

(a) in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b) in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph 2(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a) a lone parent; or

(b) entitled to an income-based jobseeker’s allowance; or

(c) both a lone parent and entitled to an income-based jobseeker’s allowance,

the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.

(6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to income support shall be treated as entitlement to an income-based jobseeker’s allowance for the purposes of any requirement that a person is entitled to an income-based jobseeker’s allowance.]

[F54 (7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).]]

Textual Amendments

F46 Sch. 1 para. 4 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 20(a)

F47 Sch. 1 para. 4(1): Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14

F48 Words in Sch. 1 Pt. II para. 4 inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(2)

F49 Words in Sch. 1 para. 4(1)(a) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(i)

F50 Word in Sch. 1 para. 4(1)(a) omitted (6.4.1998) by virtue of The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(ii)

F51 Sum in Sch. 1 para. 4(1)(a) substituted (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(4)(a)

F52 Sum in Sch. 1 para. 4(1)(b) substituted (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(4)(b)

F53 Sch. 1 para. 4(2)-(6) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(b)

F54 Sch. 1 para. 4(7) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(b)

Modifications etc. (not altering text)

C3 Sch. 1 para. 4(1)(a): sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(4)(a)

C4 Sch. 1 para. 4(1)(b): sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(4)(b)

PART III PREMIUMS

5.  Except as provided in paragraph 6, the weekly premiums specified in Part IV of this Schedule shall for the purposes of regulations 83(e) and 84(1)(f), be applicable to a claimant who satisfies the condition specified in [F55 paragraphs 10] to 17 in respect of that premium.

Textual Amendments

F55 Words in Sch. 1 Pt. III para. 5 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(3)(a)

6.  Subject to paragraph 7, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

[F56 7.— (1) Subject to sub-paragraph (2), the following premiums, namely—

(a) a severe disability premium to which paragraph 15 applies;

(b) an enhanced disability premium to which paragraph 15A applies;

(c) [F57 a disabled child premium to which paragraph 16 applies; and]

(d) a carer premium in which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this Part of this Schedule.

(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

(a) a pensioner premium under paragraph 10 or 11; or

(b) a higher pensioner premium under paragraph 12.]

Textual Amendments

F56 Sch. 1 para. 7 substituted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(i)

F57 Sch. 1 para. 7(1)(c) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 20(a)

8.—(1) Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F58 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

[F59 (b) for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State F60 ... under section 2 of the Employment and Training Act 1973, or by [F61 Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.]

(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of [F62 carer’s allowance] by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, [F63 the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act][F64 , armed forces independence payment].

Textual Amendments

F58 S.I. 1979/597.

F59 Sch. 1 para. 8(1)(b) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(11)(a)

F60 Words in Sch. 1 para. 8(1)(b) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(14)(c)

F61 Words in Sch. 1 para. 8(1)(b) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(h)

F62 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F63 Words in Sch. 1 para. 8(2) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(a)

F64 Words in Sch. 1 para. 8(2) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(a)

Lone Parent Premium

F65 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Sch. 1 Pt. III para. 9 omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(3)(b)

Bereavement Premium

F66 9A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Sch. 1 para. 9A revoked (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), reg. 1(1), Sch.

Pensioner premium for persons [F67 over the qualifying age for state pension credit]

10.  The condition is that the claimant—

(a) is a single claimant or lone parent who has attained [F68 the qualifying age for state pension credit]; or

(b) has attained [F68 the qualifying age for state pension credit] and has a partner; or

(c) has a partner and the partner has attained [F68 the qualifying age for state pension credit] but not the age of 75.

Textual Amendments

F67 Words in Sch. 1 para. 10 heading substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(a)

F68 Words in Sch. 1 para. 10 substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(b)

Pensioner premium where claimant’s partner has attained the age of 75

11.  The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.

Higher Pensioner Premium

12.—(1)  [F69 Subject to sub-paragraph (5), the] condition is that–

(a) the claimant is a single claimant or lone parent who has attained [F70 the qualifying age for state pension credit] and either—

(i) satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or

(ii) was entitled to either income support or income-based jobseeker’s allowance[F71 , or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been,] applicable to him in respect of a benefit week within 8 weeks of [F72 the date he attained the qualifying age for state pension credit] and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

(b) the claimant has a partner and–

(i) the partner has attained the age of 80; or

(ii) the partner has attained [F70 the qualifying age for state pension credit] but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him; or

(c) the claimant–

(i) has attained [F70 the qualifying age for state pension credit];

[F73 (ii) satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and]

(iii) has a partner.

(2) For the purposes of this paragraph and paragraph 14–

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to either income support or income based jobseeker’s allowance, [F74 or ceases to be treated as entitled to either of those benefits] he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance [F74 or ceases to be treated as entitled to either of those benefits] for a period not exceeding eight weeks which includes [F75 the date he attained the qualifying age for state pension credit], he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

[F76 (3) In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “[F77 104 weeks]".]

[F78 (4) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to–

(a) income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

(b) a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).]

[F79 (5) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) or (c) refers.]

Textual Amendments

F69 Words in Sch. 1 para. 12(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(i)

F70 Words in Sch. 1 para. 12(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(i)

F71 Words in Sch. 1 para. 12(1)(a)(ii) substituted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(i)

F72 Words in Sch. 1 para. 12(1)(a)(ii) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(ii)

F73 Sch. 1 para. 12(1)(c)(ii) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(11)(b)

F74 Words in Sch. 1 para. 12(2)(a)(b) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(ii)

F75 Words in Sch. 1 para. 12(2)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(c)(ii)

F76 Sch. 1 para. 12(3) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(3)

F77 Words in Sch. 1 para. 12(3) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 13(10)(a)

F78 Sch. 1 para. 12(4) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(iii)

F79 Sch. 1 para. 12(5) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(ii)

Disability Premium

13.— [F80 (1)] [F81 Subject to sub-paragraph (2), the] condition is that the claimant—

(a) is a single claimant or lone parent who has not attained [F82 the qualifying age for state pension credit] and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or

(b) has not attained [F82 the qualifying age for state pension credit], has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or

(c) has a partner and the partner has not attained [F82 the qualifying age for state pension credit] and also satisfies any one of the additional conditions specified in paragraph 14.

[F83 (2) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage—

(i) is a long-term patient; and

(ii) is the only member of the couple or polygamous marriage to whom the condition in sub-paragraph (1)(b) or (c) refers.]

Textual Amendments

F80 Sch. 1 para. 13(1): Sch. 1 para. 13 renumbered to Sch. 1 para. 13(1) (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(c)(i)

F81 Words in Sch. 1 para. 13(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(c)(ii)

F82 Words in Sch. 1 para. 13(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(2)(d)

F83 Sch. 1 para. 13(2) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(c)(iii)

Additional Conditions for Higher Pensioner and Disability Premium

14.—(1) The additional conditions specified in this paragraph are that

(a) the claimant or, as the case may be, his partner, is in receipt of [F84 the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002] or mobility supplement;

(b) the claimant’s partner is in receipt of severe disablement allowance;

(c) the claimant or, as the case may be, his partner, is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

[F85 (ca) the claimant or, as the case may be, his partner, is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);]

[F86 (cb) the claimant or, as the case may be, the claimant’s partner, is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

(d) the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long term rate of incapacity benefit payable to those who are terminally ill) applies F87 ;

(e) the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 F88 or under section 46 of the National Health Service (Scotland) Act 1978 F89 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 F90 , or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

(f) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

[F91 (fa) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);]

(g) the claimant’s partner was either–

(i) in receipt of long term incapacity benefit under section 30A(5) of the Benefits Act F92 immediately before attaining pensionable age and he is still alive; F93 ...

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of [F94 the partner] becoming a patient within the meaning of regulation 85(4) (special cases)[F95 ; or

(iii) entitled to personal independence payment but no amount is payable in accordance with regulations made under section 86(1) (hospital in-patients) of the 2012 Act]

and in either case the higher pensioner premium or disability premium had been applicable to the claimant or his partner;

[F96 (h) the claimant or, as the case may be, his partner, is certified as severely sight impaired or blind by a consultant ophthalmologist.]

[F97 (2) For the purposes of sub-paragraph (1)(h), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.]

Textual Amendments

F84 Words in Sch. 1 para. 14(1)(a) substituted (for specified purposes and with effect in accordance with reg. 1(9) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 20(b)

F85 Sch. 1 para. 14(1)(ca) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(b)(i)

F86 Sch. 1 para. 14(1)(cb) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(b)

F87 Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18) section 2(1).

F88 1977 c.49.

F89 1978 c.29.

F90 S.I. 1972/1265 (N.I. 14).

F91 Sch. 1 para. 14(1)(fa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(b)(ii)

F92 Section 30A was inserted by the Social Security (Incapacity for Work)and) Act 1994 section 1(1).

F93 Word in Sch. 1 para. 14(1)(g)(i) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(b)(iii)

F94 Words in Sch. 1 para. 14(1)(g)(ii) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F95 Sch. 1 para. 14(1)(g)(iii) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(b)(iv)

F96 Sch. 1 para. 14(1)(h) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(i)(aa)

F97 Sch. 1 para. 14(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(i)(bb)

Severe Disability Premium

15.—(1) In the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3), the condition is that—

(a) he is in receipt of attendance allowance[F98 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F99 , armed forces independence payment]; and

(b) subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

[F100 (c) no person is entitled to, and in receipt of, [F62 a] [F62 carer’s allowance] under section 70 of the Benefits Act [F101 or has an award of universal credit which includes the carer element] in respect of caring for him;]

(2) Where the claimant has a partner, the condition is that–

(a) the claimant is in receipt of attendance allowance[F102 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F103 , armed forces independence payment] (the “qualifying benefit"); and

(b) the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

(c) subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing; and

(d) either–

(i) [F104 no person is entitled to, and in receipt of, [F62 a] [F62 carer’s allowance] under section 70 of the Benefits Act [F105 or has an award of universal credit which includes the carer element] in respect of] caring for either member of the couple or all the members of the polygamous marriage; or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is [F106 entitled to ] [F62 a] [F62 carer’s allowance] under section 70 of the Benefits Act [F105 or has an award of universal credit which includes the carer element].

(3) Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is [F107 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(l)(h) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) The following persons shall not be regarded as a non-dependant for the purposes of sub-paragraphs (l)(b) and (2)(c)—

(a) a person in receipt of attendance allowance[F108 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F109 , armed forces independence payment];

(b) subject to sub-paragraph (6), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner satisfied the condition in sub-paragraph (l) or, as the case may be, (2);

(c) a person who is [F110 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(l)(h) and (2).

(5) For the purposes of sub-paragraph (2), a person shall be treated F111 ...—

(a) [F112 as being in receipt of] attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

[F113 (aa) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt;]

[F114 (b) as being entitled to and in receipt of [F62 a] [F62 carer’s allowance] [F115 or having an award of universal credit which includes the carer element] if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt [F116 of carer’s allowance or have such an award of universal credit].]

(6) Sub-paragraph (4)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant’s household.

(7) For the purposes of sub-paragraph (1)(c) and (2)(d), no account shall be taken of an award of [F62 carer’s allowance] [F117 or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F118 the date on which the award is first paid].

(8) A person shall be treated as satisfying this condition if he would have satisfied the condition specified for a severe disability premium in income support in paragraph 13 of Schedule 2 to the Income Support Regulations by virtue only of regulations 4 to 6 of the Income Support (General) Amendment (No.6) Regulations 1991 F119 (savings provisions in relation to severe disability premium) and for the purposes of determining whether in the particular case regulation 4 of those Regulations had ceased to apply in accordance with regulation 5(2)(a) of those Regulations, a person who is entitled to an income-based jobseeker’s allowance shall be treated as entitled to income support.

[F120 (9) In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of [F62 a] [F62 carer’s allowance] [F121 or as having an award of universal credit which includes the carer element] shall include references to a person who would have been in receipt of that allowance [F122 or had such an award] but for the application of a restriction under section [F123 6B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F124 (10) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.]

Textual Amendments

F62 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F98 Words in Sch. 1 para. 15(1)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(i)

F99 Words in Sch. 1 para. 15(1)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(c)(i)

F100 Sch. 1 para. 15(1)(c) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(i)

F101 Words in Sch. 1 para. 15(1)(c) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(a)

F102 Words in Sch. 1 para. 15(2)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(ii)

F103 Words in Sch. 1 para. 15(2)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(c)(ii)

F104 Words in Sch. 1 para. 15(2)(d)(i) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(ii)(aa)

F105 Words in Sch. 1 para. 15(2)(d) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(b)

F106 Words in Sch. 1 para. 15(2)(d)(ii) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(ii)(bb)

F107 Words in Sch. 1 para. 15(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(ii)(aa)

F108 Words in Sch. 1 para. 15(4)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(iii)

F109 Words in Sch. 1 para. 15(4)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(c)(iii)

F110 Words in Sch. 1 para. 15(4)(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(ii)(bb)

F111 Words in Sch. 1 para. 15(5) omitted (3.4.2000) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(iii)(aa)

F112 Words in Sch. 1 para. 15(5)(a) inserted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(iii)(bb)

F113 Sch. 1 para. 15(5)(aa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(c)(iv)

F114 Sch. 1 para. 15(5)(b) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(a)(iii)(cc)

F115 Words in Sch. 1 para. 15(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(c)(i)

F116 Words in Sch. 1 para. 15(5)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(c)(ii)

F117 Words in Sch. 1 para. 15(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(d)

F118 Words in Sch. 1 para. 15(7) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(8)(d)

F119 S.I. 1991/2334.

F120 Sch. 1 para. 15(9) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 2(2)(a)

F121 Words in Sch. 1 para. 15(9) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(e)(i)

F122 Words in Sch. 1 para. 15(9) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(e)(ii)

F123 Words in Sch. 1 para. 15(9) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 11(3)(a)

F124 Sch. 1 para. 15(10) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(2)(f)

[F125 Enhanced disability premium

15A.— [F126 (1) Subject to sub-paragraph (2), the condition is that—

(a) the claimant; or

(b) the claimant’s partner (if any),

is a person who has not attained the qualifying age for state pension credit and is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of the Benefits Act; or

(b) the daily living component of personal independence payment is, or would, but for a suspension of benefits in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of the 2012 Act[F127 ; or

(c) armed forces independence payment is payable to that person.]]

[F128 (1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant [F129 or partner] is entitled to child benefit in respect of that person under section 145A of the Benefits Act (entitlement after death of child or qualifying young person).]

[F130 (2) The condition is not satisfied where the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.]]

Textual Amendments

F125 Sch. 1 para. 15A inserted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(ii)

F126 Sch. 1 para. 15A(1)(1ZA) substituted for Sch. 1 para. 15A(1) (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(d)

F127 Sch. 1 para. 15A(1), (1ZA)(c) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(d)

F128 Sch. 1 para. 15A(1A) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(a)

F129 Words in Sch. 1 para. 15A(1A) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(12)

F130 Sch. 1 para. 15A(2) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(e)

Modifications etc. (not altering text)

C5 Sch. 1 para. 15A(2)(a): sum confirmed (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(2)(b)

[F131 Disabled Child Premium

16.— (1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; F132 ...

[F133 (aa) a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt, provided that the young person continues to be a member of the family;]

[F134 (ab) a young person who is in receipt of armed forces independence payment;]

(b) [F135 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(1)(h) and (2)[F136 ; or

(c) a child or young person in respect of whom section 145A of the Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.]

(2) The condition [F137 in sub-paragraph (1)(a)[F138 , (aa)][F139 , (ab)] or (b)] is not satisfied in respect of a child or young person—

(a) whose capital, if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(b) who is a long-term patient.]

Textual Amendments

F131 Sch. 1 para. 16 substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(f)

F132 Word in Sch. 1 para. 16(1) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(b)(i)

F133 Sch. 1 para. 16(1)(aa) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(e)(i)

F134 Sch. 1 para. 16(1)(ab) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(e)(i)

F135 Words in Sch. 1 para. 16(1)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(iii)

F136 Sch. 1 para. 16(1)(c) and word inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(b)(ii)

F137 Words in Sch. 1 para. 16(2) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(6)(b)(iii)

F138 Words in Sch. 1 para. 16(2) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(e)(ii)

F139 Word in Sch. 1 para. 16(2) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(e)(ii)

Modifications etc. (not altering text)

C6 Sch. 1 para. 16(2)(a): sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(2)(b)

C7 Sch. 1 para. 16(2)(a): sum confirmed (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(2)(b)

Carer Premium

17.—(1) Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, [F140 entitled to] [F62 carer’s allowance] under section 70 of the Benefits Act.

F141 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F142 (3) Where a carer premium is awarded but—

(a) the person in respect of whose care the [F62 carer’s allowance] has been awarded dies; or

(b) in any other case the person in respect of whom a carer premium has been awarded ceases to be entitledF143 ... to [F62 a] [F62 carer’s allowance],

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be—

(a) [F144 where sub-paragraph (3)(a) applies,] the Sunday following the death of the person in respect of whose care [F62 a] [F62 carer’s allowance] has been awarded or the date of death if the death occurred on a Sunday;

F145 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in any other case, the date on which the person who has been entitled to [F62 a] [F62 carer’s allowance] ceases to be entitled to that allowance.]

[F146 (4) Where a person who has been entitled to an [F62 carer’s allowance] ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–]

[F147 (a) the person in respect of whose care the [F62 carer’s allowance] has been awarded dies;

F148 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F149 in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.]]

Textual Amendments

F62 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F140 Words in Sch. 1 para. 17(1) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(i)

F141 Sch. 1 para. 17(2) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(i)

F142 Sch. 1 para. 17(3), (3A) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(1)(a)

F143 Words in Sch. 1 para. 17(3)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(ii)

F144 Words in Sch. 1 para. 17(3A)(a) inserted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iii)(aa)

F145 Sch. 1 para. 17(3A)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iii)(bb)

F146 Sch. 1 para. 17(3)(4) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(iii)

F147 Sch. 1 para. 17(4)(a)-(c) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(1)(b)

F148 Sch. 1 para. 17(4)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iv)(aa)

F149 Sch. 1 para. 17(4)(c) substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iv)(bb)

Modifications etc. (not altering text)

C8 Sch. 1 para. 15A(2)(a): sum maintained (coming into force in accordance with art. 1(2)(j)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(j)(ii), 22(1)(2)(b)

C9 Sch. 1 para. 15A(2)(a): sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(2)(b)

C10 Sch. 1 para. 15A(2)(a): sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(2)(b)

C11 Sch. 1 para. 15A(2)(a): sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(h), 19(1)(2)(b)

Persons in receipt of concessionary payments

18.  For the purpose of determining whether a premium is applicable to a person under paragraphs 14 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

19.  For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Modifications etc. (not altering text)

C12 Sch. 1 Pt. IV modified (coming into force in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(k)(ii), 24(5), Sch. 14

Premium	Amount
20. (1) F150 ...	(1) F150 ...
(1A) F151 . . .	(1A) F151 ...
(2) Pensioner premium for persons [F152 who have attained the qualifying age for state pension credit]– (a) where the claimant satisfies the condition in paragraph 10(a);	(2) (a) [F153 £86.25;]
(b) where the claimant satisfies the condition in paragraph 10(b)	(b)[F153 £128.40;]
(c) where the claimant satisfies the condition in paragraph 10(c).	(c) [F153 £128.40.]
(3)Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11;	(3) [F154 £128.40.]
(4)Higher Pensioner Premium– (a)where the claimant satisfies the condition in paragraph 12(1)(a);	(4) (a) [F155 £86.25;]
(b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c).	(b) [F155 £128.40]
(5)Disability Premium– (a)where the claimant satisfies the condition in [F156 paragraph 13(1)(a)];	(5) (a)[F157 £32.55;]
(b)where the claimant satisfies the condition in [F158 paragraph 13(1)(b)] or (c).	(b) [F157 £46.40.]
(6)Severe Disability Premium– (a)where the claimant satisfies the condition in paragraph 15(1);	(6) (a) [F159 £62.45;]
(b)where the claimant satisfies the condition in paragraph 15(2)– (i)if there is someone in receipt of a carer's allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);	(b)(i) [F159 £62.45;]
(ii)if no-one is in receipt of such an allowance.	(ii) [F159 £124.90]
(7)Disabled Child Premium.	(7) [F160 £60.90 ]in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
(8)Carer Premium.	(8) [F161 £34.95 ]in respect of each person who satisfied the condition specified in paragraph 17.
(9) Enhanced disability premium where the conditions in paragraph 15A are satisfied.	(9) (a) [F162 £24.78 ]in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied; (b) [F162 £15.90 ]in respect of each person who is neither— (i) a child or young person; nor (ii) a member of a couple or a polygamous marriage; in respect of whom the conditions specified in paragraph 15A are satisfied; (c) [F162 £22.85 ]where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.

Textual Amendments

F150 Sch. 1 Pt. IV para. 20(1) entries omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), reg. 1(b), reg. 44(4)

F151 Sch. 1 para. 20(1A) revoked (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), reg. 1(1), Sch.

F152 Words in Sch. 1 para. 20(2) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(3)

F153 Sums in Sch. 1 para. 20(2) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

F154 Sum in Sch. 1 para. 20(3) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

F155 Sums in Sch. 1 para. 20(4) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

F156 Words in Sch. 1 para. 20(5)(a) substituted (coming into force in accordance with reg. 1(8) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(g)(i)

F157 Sums in Sch. 1 para. 20(5) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

F158 Words in Sch. 1 para. 20(5)(b) substituted (coming into force in accordance with reg. 1(8) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(g)(ii)

F159 Sums in Sch. 1 para. 20(6) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

F160 Sum in Sch. 1 para. 20(7) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

F161 Sum in Sch. 1 para. 20(8) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

F162 Sums in Sch. 1 para. 20(9) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(5), Sch. 10

[F163 PART IVA PREMIUMS FOR JOINT-CLAIM COUPLES

Textual Amendments

F163 Sch. 1 Pts. 4A-4B inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 53(4)

20A.   Except as provided in paragraph 20B, the weekly premium specified in Part IVB of this Schedule shall, for the purposes of regulations 86A(c) and 86B(d), be applicable to a joint-claim couple where either or both members of a joint-claim couple satisfy the condition specified in paragraphs 20E to 20J in respect of that premium.

20B.   Subject to paragraph 20C, where a member of a joint-claim couple satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to the joint-claim couple in respect of that member and, if they are different amounts, the higher or highest amount shall apply.

[F164 20C.— (1) Subject to sub-paragraph (2), the following premiums, namely—

(a) a severe disability premium to which paragraph 20I applies;

(b) an enhanced disability premium to which paragraph 20IA applies; and

(c) a carer premium to which paragraph 20J applies,

may be applicable in addition to any other premium which may apply under this Part of this Schedule.

(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

(a) a pensioner premium under paragraph 20E; or

(b) a higher pensioner premium under paragraph 20F.]

Textual Amendments

F164 Sch. 1 para. 20C substituted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(iv)

20D.— (1) Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a joint-claim couple under this Part, a person shall be treated as being in receipt of any benefit—

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by [F165 Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990, or for any period during which he is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 20J, a person shall be treated as being in receipt of [F62 carer’s allowance] by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, [F166 the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act [F167 or armed forces independence payment]].

Textual Amendments

F62 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F165 Words in Sch. 1 para. 20D(1)(b) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(h)

F166 Words in Sch. 1 para. 20D(2) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(f)

F167 Words in Sch. 1 para. 20D(2) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(f)

Pensioner premium where one member of a joint-claim couple has attained [F168 the qualifying age for state pension credit]

20E.   The condition is that one member of a joint-claim couple has attained [F169 the qualifying age for state pension credit] but not the age of 75.

Textual Amendments

F168 Words in Sch. 1 para. 20E heading substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(a)

F169 Words in Sch. 1 para. 20E substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(b)

Higher Pensioner Premium

20F.— (1) [F170 Subject to sub-paragraph (5), the] condition is that one member of a joint-claim couple—

(a) has attained [F171 the qualifying age for state pension credit] but not the age of 80, and either the additional conditions specified in paragraph 20H are satisfied in respect of him; or

(b) has attained [F172 the qualifying age for state pension credit] and—

(i) was entitled to or was treated as entitled to either income support or an income-based jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to him in respect of a benefit week within 8 weeks of [F173 the date he attained the qualifying age for state pension credit] and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

(ii) was a member of a joint-claim couple who had been entitled to, or who had been treated as entitled to, a joint-claim jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to that couple in respect of a benefit week within 8 weeks of [F174 the date either member of that couple attained the qualifying age for state pension credit] and the couple have, subject to that sub-paragraph (2), remained continuously entitled to a joint-claim jobseeker’s allowance since that member attained that age.

(2) For the purpose of this paragraph and paragraph 20H—

(a) once the higher pensioner premium is applicable to a joint-claim couple, if that member then ceases, for a period of eight weeks or less, to be entitled or treated as entitled to either income support or income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance, he shall or, as the case may be, that couple shall, on becoming re-entitled to any of those benefits, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraph (1)(b)(i) or (ii) is concerned, if a member of a joint-claim couple ceases to be entitled or treated as entitled to either income support or an income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance for a period not exceeding eight weeks which includes [F175 the date either member of that couple attained the qualifying age for state pension credit], he shall or, as the case may be, the couple shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

(3) In this paragraph, where a member of a joint-claim couple is a welfare to work beneficiary, sub-paragraphs (1)(b)(i) and (2)(b) shall apply to him as if for the words “8 weeks” there were substituted the words “[F176 104 weeks]”.

(4) For the purposes of this paragraph, a member of a joint-claim couple shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance or the couple of which he is a member shall be treated as having been entitled to a joint-claim jobseeker’s allowance throughout any period which comprises only days on which a member was participating in an employment zone scheme and was not entitled to—

(a) income support because, as a consequence of his participation in that scheme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

(b) a jobseeker’s allowance because, as a consequence of his participation in that scheme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or the couple of which he was a member failed to satisfy the condition in section 3A(1)(a).

[F177 (5) The condition is not satisfied if the member of the joint-claim couple to whom sub-paragraph (1) refers is a long-term patient.]

Textual Amendments

F170 Words in Sch. 1 para. 20F(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(h)(i)

F171 Words in Sch. 1 para. 20F(1)(a) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(i)

F172 Words in Sch. 1 para. 20F(1)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(i)

F173 Words in Sch. 1 para. 20F(1)(b)(i) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(ii)

F174 Words in Sch. 1 para. 20F(1)(b)(ii) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(iii)

F175 Words in Sch. 1 para. 20F(2)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(c)(iii)

F176 Words in Sch. 1 para. 20F(3) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 13(10)(a)

F177 Sch. 1 para. 20F(5) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(h)(ii)

[F178 Disability Premium

20G.— (1) Subject to sub-paragraph (2), the condition is that a member of a joint-claim couple has not attained [F179 the qualifying age for state pension credit] and satisfies any one of the additional conditions specified in paragraph 20H.

(2) The condition is not satisfied if—

(a) paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b) paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.]

Textual Amendments

F178 Sch. 1 para. 20G substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(i)

F179 Words in Sch. 1 para. 20G(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(4)(d)

Additional Conditions for Higher Pensioner and Disability Premium

20H.— (1) The additional conditions specified in this paragraph are that a member of a joint-claim couple—

(a) is in receipt of [F180 the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002] or mobility supplement;

(b) is in receipt of severe disablement allowance;

(c) is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

[F181 (ca) is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);]

[F182 (cb) is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

(d) is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long-term rate of incapacity benefit payable to those who are terminally ill) applies;

(e) has been entitled to statutory sick pay, has been incapable of work or has been treated as incapable of work for a continuous period of not less than—

(i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of section 30B(4) of the Benefits Act; or

(ii) 364 days in any other case,

and for these purposes, any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period;

[F183 (ee) has had limited capability for work or has been treated as having limited capability for work for a continuous period of not less than—

(i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations; or

(ii) 364 days in any other case,

and for these purposes any two or more periods of limited capability for work separated by a break of not more than 12 weeks is to be treated as one continuous period;]

(f) has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

(g) is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

[F184 (ga) is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);]

(h) was either—

(i) in receipt of long-term incapacity benefit under section 30A(5) of the Benefits Act immediately before attaining pensionable age and he is still alive; or

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of either member of the joint-claim couple becoming a patient within the meaning of regulation 85(4) (special cases) [F185 or

(iii) entitled to personal independence payment but no amount is payable in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act,]

and in either case, the higher pensioner premium or disability premium had been applicable to the joint-claim couple; or

[F186 (i) is certified as severely sight impaired or blind by a consultant ophthalmologist.]

F187 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F188 (3) For the purposes of sub-paragraph (1)(i), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.]

Textual Amendments

F180 Words in Sch. 1 para. 20H(1)(a) substituted (for specified purposes and with effect in accordance with reg. 1(9) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 20(e)

F181 Sch. 1 para. 20H(1)(ca) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(g)(i)

F182 Sch. 1 para. 20H(1)(cb) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(g)

F183 Sch. 1 para. 20H(1)(ee) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(24)(e)

F184 Sch. 1 para. 20H(1)(ga) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(g)(ii)

F185 Sch. 1 para. 20H(1)(h)(iii) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(g)(iii)

F186 Sch. 1 para. 20H(1)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(iv)(aa)

F187 Sch. 1 para. 20H(2) omitted (31.1.2011) by SI 2010/1907 Sch. 4 para. 1A(3) (as inserted by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(3), 19(2))

F188 Sch. 1 para. 20H(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(iv)(bb)

Severe Disability Premium

20I.— (1) The condition is that—

(a) a member of a joint-claim couple is in receipt of attendance allowance[F189 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F190 , armed forces independence payment] (“the qualifying benefits”); and

(b) the other member is also in receipt of such an allowance, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

(c) subject to sub-paragraph (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing; and

(d) either—

(i) no person is entitled to, and in receipt of, [F62 a] [F62 carer’s allowance] under section 70 of the Benefits Act [F191 or has an award of universal credit which includes the carer element] in respect of caring for either member or the couple or all the members of the polygamous marriage; or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is entitled to [F62 a] [F62 carer’s allowance] under section 70 of the Benefits Act [F191 or has an award of universal credit which includes the carer element].

(2) Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is [F192 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 20H(1)(i) and (2), that member shall be treated for the purposes of sub-paragraph (1) as if he were not a member of the couple.

(3) The following persons shall not be regarded as non-dependant for the purposes of sub-paragraph (1)(c)—

(a) a person in receipt of attendance allowance[F193 , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act][F194 , armed forces independence payment];

(b) subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1);

(c) a person who is [F195 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 20H(1)(i) and (2).

(4) For the purposes of sub-paragraph (1), a member of a joint-claim couple shall be treated—

(a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) as being entitled to and in receipt of [F62 a] [F62 carer’s allowance] [F196 or having an award of universal credit which includes the carer element] if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt [F197 of carer’s allowance or have such an award of universal credit].

[F198 (c) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.]

(5) Sub-paragraph (3)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple’s household.

(6) For the purposes of sub-paragraph (1)(d), no account shall be taken of an award of [F62 carer’s allowance] [F199 or universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before [F200 the date on which the award is first paid].

[F201 (7) In sub-paragraph (1)(d), the reference to a person being in receipt of [F62 a] [F62 carer’s allowance] [F202 or as having an award of universal credit which includes the carer element] shall include a reference to a person who would have been in receipt of that allowance [F203 or had such an award] but for the application of a restriction under section [F204 6B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

[F205 (8) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.]

Textual Amendments

F62 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F189 Words in Sch. 1 para. 20I(1)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(i)

F190 Words in Sch. 1 para. 20I(1)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(h)(i)

F191 Words in Sch. 1 para. 20I(1)(d) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(3)(a)

F192 Words in Sch. 1 para. 20I(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(v)(aa)

F193 Words in Sch. 1 para. 20I(3)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(ii)

F194 Words in Sch. 1 para. 20I(3)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(h)(ii)

F195 Words in Sch. 1 para. 20I(3)(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(a)(v)(bb)

F196 Words in Sch. 1 para. 20I(4)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(3)(b)(i)

F197 Words in Sch. 1 para. 20I(4)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(3)(b)(ii)

F198 Sch. 1 para. 20I(4)(c) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(h)(iii)

F199 Words in Sch. 1 para. 20I(6) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(3)(c)

F200 Words in Sch. 1 para. 20I(6) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(8)(j)

F201 Sch. 1 para. 20I(7) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 2(2)(b)

F202 Words in Sch. 1 para. 20I(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(3)(d)(i)

F203 Words in Sch. 1 para. 20I(7) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(3)(d)(ii)

F204 Words in Sch. 1 para. 20I(7) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 11(3)(b)

F205 Sch. 1 para. 20I(8) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 15(3)(e)

[F206 Enhanced disability premium

[F207 20IA.— (1) Subject to sub-paragraph (2), the condition is that in respect of a member of a joint-claim couple who has not attained the qualifying age for state pension credit—

(a) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act; or

(b) the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate in accordance with section 78(2) of the 2012 Act [F208 or armed forces independence payment is payable].]

[F209 (2) The condition is not satisfied if—

(a) paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b) paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.]]

Textual Amendments

F206 Sch. 1 para. 20IA inserted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(c)(v)

F207 Sch. 1 para. 20IA(1) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(7)(i)

F208 Words in Sch. 1 para. 20IA(1)(b) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(7)(i)

F209 Sch. 1 para. 20IA(2) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(k)

Carer Premium

20J.— (1) Subject to sub-paragraphs (3) and (4), the condition is that either or both members of a joint-claim couple are entitled to F210 ... [F62 a] [F62 carer’s allowance] under section 70 of the Benefits Act.

F211 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F212 (3) Where a carer premium is awarded but—

(a) the person in respect of whose care the [F62 carer’s allowance] has been awarded dies; or

(b) in any other case the member of the joint-claim couple in respect of whom a carer premium has been awarded ceases to be entitled F213 ... to [F62 a] [F62 carer’s allowance],

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be—

(a) [F214 where sub-paragraph (3)(a) applies,] the Sunday following the death of the person in respect of whose care [F62 a] [F62 carer’s allowance] has been awarded or F215 ... the date of death if the death occurred on a Sunday;

F216 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in any other case, the date on which that member ceased to be entitled to [F62 a] [F62 carer’s allowance] .]

(4) Where a member of a joint-claim couple who has been entitled to [F62 a] [F62 carer’s allowance] ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance jointly with the other member of that couple, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—

[F217 (a) the person in respect of whose care the [F62 carer’s allowance] has been awarded dies;

F218 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F219 in any other case, the member who has been entitled to a carer’s allowance ceased to be entitled to that allowance.]]

Textual Amendments

F62 Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F210 Words in Sch. 1 para. 20J(1) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(i)

F211 Sch. 1 para. 20J(2) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(ii)

F212 Sch. 1 para. 20J(3)(3A) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(2)

F213 Words in Sch. 1 para. 20J(3)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(iii)

F214 Words in Sch. 1 para. 20J(3A)(a) inserted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(iv)(aa)

F215 Words in Sch. 1 para. 20J(3A)(a) omitted (28.10.2002) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(a), 3(a)

F216 Sch. 1 para. 20J(3A)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(iv)(bb)

F217 Sch. 1 para. 20J(4)(a)-(c) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(2)

F218 Sch. 1 para. 20J(4)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(v)(aa)

F219 Sch. 1 para. 20J(4)(c) substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(b)(v)(bb)

Member of a joint-claim couple in receipt of concessionary payments

20K.   For the purpose of determining whether a premium is applicable to a joint-claim couple under paragraphs 20H to 20J, any concessionary payment made to compensate a person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

20L.   For the purposes of this Part of this Schedule, a member of a joint-claim couple shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.]

[F220 PART IVB WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

Textual Amendments

F220 Sums in Sch. 1 Pt. 4B substituted (coming into force in accordance with art. 1(2)(j)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(j)(ii), 22(1)(6), Sch. 11

Modifications etc. (not altering text)

C13 Sch. 1 Pt. 4B modified (coming into force in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(k)(ii), 24(6), Sch. 15

Premium	Amount
20M. (1) Pensioner premium where one member of a joint-claim couple [F221 has attained the qualifying age for state pension credit] and the condition in paragraph 20E is satisfied.	(1) [F222 £128.40]
(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.	[F223 £128.40]
(3) Disability Premium where one member of a joint-claim couple satisfies the condition in [F224 paragraph 20G(1)].	[F225 £46.40]
(4)Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—	(4)
(i) if there is someone in receipt of a carer’s allowance or if either member satisfies that condition only by virtue of paragraph 20I(4); (ii) if no-one is in receipt of such an allowance.	(i) [F226 £62.45] (ii) [F226 £124.90.]
(5) Carer Premium.	(5) [F227 £34.95 ]in respect of each person who satisfied the condition specified in paragraph 20J.
(6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied.	(6) [F228 £22.85 ]where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.]

Textual Amendments

F221 Words in Sch. 1 para. 20M(1) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 13(5)

F222 Sum in Sch. 1 para. 20M(1) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(6), Sch. 11

F223 Sum in Sch. 1 para. 20M(2) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(6), Sch. 11

F224 Words in Sch. 1 para. 20M(3) substituted (coming into force in accordance with reg. 1(8) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(l)

F225 Sum in Sch. 1 para. 20M(3) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(6), Sch. 11

F226 Sums in Sch. 1 para. 20M(4) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(6), Sch. 11

F227 Sum in Sch. 1 para. 20M(5) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(6), Sch. 11

F228 Sum in Sch. 1 para. 20M(6) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(6), Sch. 11

PART V ROUNDING OF FRACTIONS

21.  Where an income-based jobseeker’s allowance is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of one penny that fraction shall be treated as one penny.

Regulations 83(f) and 84(1)(g)

SCHEDULE 2 HOUSING COSTS

Modifications etc. (not altering text)

C14 Sch. 2 para. 4A applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(a) (with regs. 3, 7)

C15 Sch. 2 para. 4A applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(b) (with reg. 8)

Housing Costs

1.—(1) Subject to the following provisions of this Schedule, the housing costs applicable to a claimant are those costs—

(a) which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying; and

(b) which qualify [F229 under paragraph 16].

(2) In this Schedule—

“housing costs" means those costs to which sub-paragraph (1) refers;

F230 ...

F230 ...

F231 ...

(3) For the purposes of this Schedule a disabled person is a person–

(a) in respect of whom a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

(b) who, had he in fact been entitled to a jobseeker’s allowance or to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium; or

(c) who satisfies the requirements of paragraph 9 A of Schedule 2 to the Income Support [F232 Regulations] F233 (pensioner premium for person aged 75 or over)[F234 ; F235 ...

(d) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002] [F236 or

[F237 (e) who–

(i) is in receipt of an employment and support allowance which includes an amount under section 2(2) F238 ... or 4(4) F238 ... of the Welfare Reform Act [F239 (component) [F240 or who is a member of the work-related activity group]]; or

(ii) would be entitled to an employment and support allowance F241 ..., but for the application of section 1A of that Act (duration of contributory allowance)]][F242 ; or

(f) who is entitled to an award of universal credit [F243 and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013].]

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Benefits Act F244 (incapacity for work, disqualification etc.) [F245 or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification)].

Textual Amendments

F229 Words in Sch. 2 para. 1(1)(b) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(i)

F230 Words in Sch. 2 para. 1(2) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(a) (with reg. 8)

F231 Words in Sch. 2 para. 1(2) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(ii)

F232 Word in Sch. 2 para. 1(3)(c) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F233 Paragraph 9A was inserted by S.I. 1989/534.

F234 Sch. 2 para. 1(3)(d) and word inserted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 13(11)(a)

F235 Word in Sch. 2 para. 1(3)(c) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(a)(i)(aa)

F236 Sch. 2 para. 1(3)(e) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(a)(i)(bb)

F237 Sch. 2 para. 1(3)(e) substituted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 4

F238 Words in Sch. 2 para. 1(3)(e)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(a)(i)(aa) (with Sch. 2 paras. 1-7)

F239 Word in Sch. 2 para. 1(3)(e)(i) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(a)(i)(bb) (with Sch. 2 paras. 1-7)

F240 Words in Sch. 2 para. 1(3)(e)(i) inserted (23.6.2017) by The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017 (S.I. 2017/581), regs. 1, 3 (with reg. 10)

F241 Words in Sch. 2 para. 1(3)(e)(ii) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(a)(ii) (with Sch. 2 paras. 1-7)

F242 Sch. 2 para. 1(3)(f) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(7)(a)

F243 Words in Sch. 2 para. 1(3)(f) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 12

F244 Section 171E was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1).

F245 Words in Sch. 2 para. 1(4) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(a)(ii)

Modifications etc. (not altering text)

C16 Sch. 2 para. 1(2) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(a) (with reg. 8)

[F246 [F247 Previous entitlement to income support[F248 , income-related employment and support allowance] or state pension credit]

1A.— (1) Where a claimant or his partner was in receipt of or was treated as being in receipt of income support [F249 or income-related employment and support allowance] not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a) the applicable amount for income support [F249 or income-related employment and support allowance] included an amount in respect of housing costs [F250 under paragraph 17 of Schedule 3] to the Income Support Regulations [F251 or [F252 under paragraph 18 of Schedule 6] to the Employment and Support Allowance Regulations]; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income-based jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support [F249 or income-related employment and support allowance] was last determined.

[F253 (1ZA) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a) the appropriate minimum guarantee included an amount in respect of housing costs [F254 under paragraph 13 of Schedule II] to the State Pension Credit Regulations 2002; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income-based jobseekers allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.]

[F255 (1A) Where either member of a joint-claim couple was in receipt of or treated as being in receipt of income support [F249 or income-related employment and support allowance] not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a) the applicable amount for income support [F249 or income-related employment and support allowance] included an amount in respect of housing costs [F256 under paragraph 17 of Schedule 3] to the Income Support Regulations [F257 or [F258 under paragraph 18 of Schedule 6] to the Employment and Support Allowance Regulations]; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support [F249 or income-related employment and support allowance] was last determined.]

[F259 (1B) Where either member of a joint-claim couple was in receipt of state pension credit not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a) the appropriate minimum guarantee included an amount in respect of housing costs [F260 under paragraph 13 of Schedule II] to the State Pension Credit Regulations 2002; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.]

(2) Where, in the period since housing costs were last calculated for income support [F249 or income-related employment and support allowance] [F261 or (as the case may be) state pension credit], there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income-based jobseeker’s allowance, be recalculated so as to take account of that change.]

Textual Amendments

F246 Sch. 2 para. 1A inserted (22.10.1997) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997 (S.I. 1997/2305), regs. 1, 3(2)(a)

F247 Sch. 2 para. 1A heading substituted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(i)

F248 Words in Sch. 2 para. 1A heading inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(i)

F249 Words in Sch. 2 para. 1A inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(ii)

F250 Words in Sch. 2 para. 1A(1)(a) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(iii)(aa)

F251 Words in Sch. 2 para. 1A(1)(a) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(iii)

F252 Words in Sch. 2 para. 1A(1)(a) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(iii)(bb)

F253 Sch. 2 para. 1A(1ZA) added (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(iii)

F254 Words in Sch. 2 para. 1A(1ZA)(a) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(iv)

F255 Sch. 2 para. 1A(1A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(2)

F256 Words in Sch. 2 para. 1A(1A)(a) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(v)(aa)

F257 Words in Sch. 2 para. 1A(1A)(a) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(iv)

F258 Words in Sch. 2 para. 1A(1A)(a) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(v)(bb)

F259 Sch. 2 para. 1A(1B) added (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(iv)

F260 Words in Sch. 2 para. 1A(1B)(a) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(vi)

F261 Words in Sch. 2 para. 1A(2) inserted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(v)

Circumstances in which a person is liable to meet housing costs

2.—(1) A person is liable to meet housing costs where–

(a) the liability falls upon him or his partner [F262 or, where that person is a member of a joint-claim couple, the other member of that couple,] but not where the liability is to a member of the same household as the person on whom the liability falls;

(b) because the person liable to meet the housing costs [F263 is not meeting them], the claimant has to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

(c) he in practice shares the housing costs with other members of the household none of whom are close relatives either of the claimant or his partner, [F262 or, where that person is a member of a joint-claim couple, the other member of that couple,] and

(i) one or more of those members is liable to meet those costs, and

(ii) it is reasonable in the circumstances to treat him as sharing responsibility.

(2) Where any one or more, but not all, members of the claimant’s family are affected by a trade dispute, the housing costs shall be treated as wholly the responsibility of those members of the family not so affected.

Textual Amendments

F262 Words in Sch. 2 para. 2(1)(a)(c) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(3)

F263 Words in Sch. 2 para. 2(1)(b) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

Circumstances in which a person is to be treated as occupying a dwelling as his home

3.—(1) Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as the claimant’s home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that other dwelling is in Great Britain.

(3) Subject to sub-paragraph (4), where a single claimant or a lone parent is a full-time student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(4) A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

(5) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make those payments.

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

(a) where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

(b) in the case of a couple or a member of a polygamous marriage where a partner is a full-time student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

(c) in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks [F264 from the first day of the benefit week in which the move occurs] if his liability to make payments in respect of two dwellings is unavoidable.

(7) Where–

(a) a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

(b) he had claimed a jobseeker’s allowance before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

(c) the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or

[F265 (ii) the move was delayed pending [F266 local welfare provision or] the outcome of an application under Part 8 of the Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa) a member of the claimant’s family is aged five or under,

(bb) the claimant’s applicable amount includes a premium under paragraph 10, 11, 12, 13, 15 or 16 of Schedule 1 (applicable amounts), or

(cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or]

(iii) the person became liable to make payments in respect of the dwelling while he was a patient or was in residential accommodation,

he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(8) This sub-paragraph applies to a person who enters residential accommodation–

(a) for the purpose of ascertaining whether the accommodation suits his needs; and

(b) with the intention of returning to the dwelling which he normally occupies as his home should, in the event, the residential accommodation prove not to suit his needs,

and while in the accommodation, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.

(9) A person to whom sub-paragraph (8) applies shall be treated as occupying the dwelling he normally occupies as his home during any period (commencing with the day he enters the accommodation) not exceeding 13 weeks in which the person is resident in the accommodation, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

(10) A person, other than a person to whom sub-paragraph (11) applies, shall be treated as occupying a dwelling as his home throughout any period of absence not exceeding 13 weeks, if, and only if—

(a) he intends to return to occupy the dwelling as his home; and

(b) the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let to another person; and

(c) the period of absence is unlikely to exceed 13 weeks.

(11) This sub-paragraph applies to a person whose absence from the dwelling he normally occupies as his home is temporary and—

(a) he intends to return to occupy the dwelling as his home; and

(b) while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

(c) he is–

[F267 (i) required, as a condition of bail, to reside—

(aa) in a dwelling, other than the dwelling he occupies as his home; or

(bb) in premises approved under [F268 section 13 of the Offender Management Act 2007], or]

(ii) resident in a hospital or similar institution as a patient and is treated under regulation 55 as capable of work, or

(iii) undergoing or, as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or

(iv) following, in the United Kingdom or elsewhere, a training course, or

(v) undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or

(vii) a person who is, whether in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or

(viii) a full-time student to whom sub-paragraph (3) or (6)(b) does not apply, or

(ix) a person other than a person to whom sub-paragraph (8) applies, who is receiving care provided in residential accommodation, or

(x) a person to whom sub-paragraph (6)(a) does not apply and who has left the dwelling he occupies as his home through fear of violence in that dwelling or by a person who was formerly a member of [F269 his] family, and

(d) the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

(12) A person to whom sub-paragraph (11) applies is to be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

(13) In this paragraph–

(a) “medically approved" means certified by a registered medical practitioner;

(b) “patient" means a person who is undergoing medical or other treatment as an in-patient in a hospital or similar institution;

[F270 (c) “residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an independent hospital;]

(d) “training course" means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, [F271 Skills Development Scotland,] Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Textual Amendments

F264 Words in Sch. 2 para. 3(6)(c) inserted (8.1.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2006 (S.I. 2006/3274), regs. 1, 3

F265 Sch. 2 para. 3(7)(c)(ii) substituted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 13(11)(b)

F266 Words in Sch. 2 para. 3(7)(c)(ii) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(11)(a)

F267 Sch. 2 para. 3(11)(c)(i) substituted (4.4.2005) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 6(a)

F268 Words in Sch. 2 para. 3(11)(c)(ii)(bb) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(10)(a)

F269 Word in Sch. 2 para. 3(11)(c)(x) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F270 Sch. 2 para. 3(13)(c) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 9(a)

F271 Words in Sch. 2 para. 3(13)(d) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(3)(i)

Housing costs not met

4.—(1) No amount may be met under the provisions of this Schedule–

(a) in respect of housing benefit expenditure; or

(b) where [F272 a claimant] is [F273 living in a care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital ]during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

F274 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 [F275 (4A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 [F276 (4B)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F272 Words in Sch. 2 para. 4 substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(4)(a)

F273 Sch. 2 para. 4(1)(b) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 9(b)

F274 Sch. 2 para. 4(2)-(12) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(vii)

F275 Sch. 2 para. 4(4A) inserted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 13(2)

F276 Sch. 2 para. 4(4B) inserted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(b)

Apportionment of housing costs

5.—(1) Where the dwelling occupied as the home is a composite hereditament and–

(a) before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 F277 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of sub-section (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

(b) in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 F278 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,

the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.

(2) subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.

(3) For the purposes of sub-paragraph (2), the relevant fraction shall be obtained in accordance with the formula—

where— “A" is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;

“B" is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.

(4) In this paragraph–

“composite hereditament" means–

(a) as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

(b) as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

“local non-domestic rating list" means a list compiled and maintained under section 41(1) of the Act of 1988;

“the Act of 1987" means the Abolition of Domestic Rates Etc. (Scotland) Act 1987F279 ;

“the Act of 1988" means the Local Government Finance Act 1988F280 .

(5) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Textual Amendments

F277 1967 c.9; sections 48(5) and (6) were amended by the Local Government, Planning. and Land Act 1980 (c.65), section 33; section 48(6) was also amended by the Rates Act 1984 (c.33), section 16 and Schedule 1, paragraph 10.

F278 1980 c.45.

F279 1987 c.47.

F280 1988 c.41.

Modifications etc. (not altering text)

C17 Sch. 2 para. 5(3): sum confirmed (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

Existing housing costs

F281 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F281 Sch. 2 para. 6 omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(b) (with reg. 8)

Modifications etc. (not altering text)

C18 Sch. 2 para. 6(1)(c): sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

C19 Sch. 2 para. 6(1)(b): sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

[F282 Housing costs]

7.—(1) F283 Subject to the provisions of this Schedule, the ... housing costs to be met in any particular case are—

(a) where the claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more, an amount—

F284 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) equal to any payments which qualify under paragraph 16(1)(a) to (c);

(b) in any other case, nil.

F285 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F286 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F287 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F288 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F288 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F288 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F288 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F288 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F282 Sch. 2 para. 7 heading substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(c)(iii) (with reg. 8)

F283 Word in Sch. 2 para. 7(1)(2) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(c)(i) (with reg. 8)

F284 Sch. 2 para. 7(1)(a)(i) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(viii)

F285 Sch. 2 para. 7(2) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(viii)

F286 Sch. 2 para. 7(2A) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(viii)

F287 Sch. 2 para. 7(2B) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(viii)

F288 Sch. 2 para. 7(3)-(7) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(c)(ii) (with reg. 8)

Modifications etc. (not altering text)

C20 Sch. 2 para. 7 applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(d)(i)(aa) (with reg. 8)

C21 Sch. 2 para. 7(1)(2) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(d)(i)(bb) (with reg. 8)

C22 Sch. 2 para. 7(1) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(d)(ii) (with reg. 8)

C23 Sch. 2 para. 7(1) applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(c) (with regs. 3, 7)

C24 Sch. 2 para. 7(1)(b): sum confirmed (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

General exclusions from [F289 Paragraph 7]

8.—(1)  [F290 Paragraph 7] shall not apply where–

(a) the claimant or his partner [F291 or either member of a joint-claim couple] [F292 has attained the qualifying age for state pension credit];

(b) the housing costs are payments–

(i) under a co-ownership agreement;

(ii) under or relating to a tenancy or licence of a Crown tenant; or

(iii) where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.

(2) In a case falling within sub-paragraph (1), the housing costs to be met are–

(a) where head (a) of sub-paragraph (1) applies, an amount–

F293 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) equal to the payments which qualify under paragraph 16;

(b) where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 16(1)(d) to (f).

Textual Amendments

F289 Words in Sch. 2 para. 8 heading substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(d)(ii) (with reg. 8)

F290 Words in Sch. 2 para. 8(1) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(d)(i) (with reg. 8)

F291 Words in Sch. 2 para. 8(1)(a) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(7)

F292 Words in Sch. 2 para. 8(1)(a) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 14(2)

F293 Sch. 2 para. 8(2)(a)(i) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(ix)

Modifications etc. (not altering text)

C25 Sch. 2 para. 8 applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(e)(i) (with reg. 8)

C26 Sch. 2 para. 8(1) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(e)(ii) (with reg. 8)

The calculation for loans

F294 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F294 Sch. 2 paras. 9-12 omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(x)

General provisions applying to ... housing costs

F294 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F294 Sch. 2 paras. 9-12 omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(x)

The standard rate

F294 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F294 Sch. 2 paras. 9-12 omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(x)

Excessive Housing Costs

F294 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F294 Sch. 2 paras. 9-12 omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(x)

Linking rule

13.—(1) Subject to [F295 sub-paragraph (2A)] for the [F296 purposes] of this Schedule–

(a) a person shall be treated as being in receipt of a jobseeker’s allowance during the following periods—

(i) any period in respect of which it was subsequently held, on appeal or [F297 revision], that he was so entitled to a jobseeker’s allowance; and

(ii) any period of 12 weeks or less [F298 or, as the case may be, 52 weeks or less,] in respect of which he was not in receipt of a jobseeker’s allowance and which fell immediately between periods in respect of which F299 ...;

[F300 (aa) he was, or was treated as being, in receipt of a jobseeker’s allowance,

(bb) he was treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraphs (5), (6) and (7), or

(cc) (i) above applies;]

(b) a person shall be treated as not being in receipt of a jobseeker’s allowance during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appeal[F301 , revision or supersession] that he was not so entitled;

(c) where–

(i) the claimant was a member of a couple or a polygamous marriage; and

(ii) his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant; and

(iii) the claimant is no longer a member of that couple or polygamous marriage; and

(iv) the claimant made his claim for a jobseeker’s allowance within twelve weeks [F302 or, as the case may be, 52 weeks,] of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

(d) where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks [F303 or, as the case may be, 52 weeks,] of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

[F304 (dd) where the applicable amount of a member of a joint-claim couple was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks of the joint-claimant becoming a member of the joint-claim couple, the joint-claim couple shall be treated as having been in receipt of a jobseeker’s allowance for the same period as that member of the joint-claim couple had been treated, for the purposes of this Schedule, as having been;]

(e) where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant, and the claimant has begun to receive a jobseeker’s allowance as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

[F305 (ee) where the claimant—

(i) is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii)[F306 , in the Intensive Activity Period specified in regulation 75(1)(a)(iv) F307 ...] [F308 or in the Flexible New Deal] , in receipt of income-based jobseeker’s allowance and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

(ii) has, immediately after that participation in that programme, begun to receive income-based jobseeker’s allowance as a result of an election under regulation 4(3B) of the Claims and Payments Regulations by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;]

(f) where–

(i) the claimant was a member of a family of a person (not being a former partner) entitled to a jobseeker’s allowance and at least one other member of that family was a child or young person; and

(ii) the claimant becomes a member of another family which includes that child or young person; and

(iii) the claimant made his claim for a jobseeker’s allowance within 12 weeks [F309 or, as the case may be, 52 weeks,] of the date on which the person entitled to a jobseeker’s allowance mentioned in head(i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of a jobseeker’s allowance for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

F310 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F311 (2A) Where a joint-claim jobseeker’s allowance is payable to one member of a joint-claim couple in accordance with section 3B, both members of the couple shall be treated as receiving, or having received, a jobseeker’s allowance for the purpose of this paragraph.

(2B) Where both joint-claimants claiming a jobseeker’s allowance in respect of themselves have not been in receipt of a jobseeker’s allowance for a period before they became a joint-claim couple, sub-paragraph (1) shall have effect in respect of that couple in relation to the period which is most favourable to the couple for the purposes of this Schedule.]

[F312 (3) For the purposes of this Schedule, where a claimant has ceased to be entitled to a jobseeker’s allowance because he or his partner [F313 or, where a claimant is a member of a joint-claim couple, the other member of that couple] is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section [F314 or under the Enterprise and New Towns (Scotland) Act 1990], he shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner [F313 or, where a claimant is a member of a joint-claim couple, the other member of that couple] was participating in such a course.]

[F315 (3A) For the purposes of this Schedule, a claimant who has ceased to be entitled to a jobseeker’s allowance because—

(a) that claimant or his partner [F316 or, where a claimant is a member of a joint-claim couple, the other member of that couple] was participating in an employment programme specified in regulation 75(1)(a)(ii) [F317 in the Intensive Activity Period specified in regulation 75(1)(a)(iv) F318 ...] [F319 or in an employment zone programme] [F320 or in the Flexible New Deal], and

(b) in consequence of such participation the claimant or his partner [F316 or, where a claimant is a member of a joint-claim couple, the other member of that couple] was engaged in renumerative work or failed to satisfy the condition specified either in section 2(1)(c)[F321 , 3(1)(a) or 3A (1)(a)],

shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner [F316 or, where a claimant is a member of a joint-claim couple, the other member of that couple] was participating in that programme [F322 or activity].]

(4) Where, for the purposes of sub-paragraphs [F323 (1), (3) and (3A)], a person is treated as being in receipt of a jobseeker’s allowance, for a certain period, he shall[F324 , subject to sub-paragraph (4A),] be treated as being entitled to a jobseeker’s allowance for the same period.

F325 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this Schedule, sub-paragraph (6) applies where a person is not entitled to an income-based jobseeker’s allowance by reason only that he has—

(a) capital exceeding [F326 £16,000]; or

(b) income [F327 equal to or] exceeding the applicable amount which applies in his case; or

[F328 (bb) a personal rate of contribution-based jobseeker’s allowance that is equal to, or exceeds, the applicable amount in his case; or]

(c) both capital exceeding [F329 £16,000] and income exceeding the applicable amount which applies in his case.

(6) A person to whom sub-paragraph (5) applies shall be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks which comprises only days—

(a) on which he is entitled to a contribution-based jobseeker’s allowance, statutory sick pay [F330 , incapacity benefit or contributory employment and support allowance]; or

(b) on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with [F331 regulation 8A or 8B of the Social Security (Credits) Regulations 1975].

(7) Subject to sub-paragraph (8), a person to whom sub-paragraph (5) applies and who is either a person to whom regulation 13(4) applies (persons with caring responsibilities) or a lone parent shall, for the purposes of this Schedule, be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks following the refusal of a claim for a jobseeker’s allowance made by or on behalf of that person.

(8) Sub-paragraph (7) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a) is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

(b) is treated as not available for employment by virtue of regulation [F332 15(1)(a)] (circumstances in which students are not treated as available for employment);

(c) is temporarily absent from Great Britain, other than in the circumstances specified in regulation 50 (temporary absence from Great Britain).

(9) In a case where–

(a) sub-paragraphs (6) and (7) apply solely by virtue of sub-paragraph (5)(b), and

(b) the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet [F333 any payment which qualifies under paragraph 16] ,

sub-paragraphs (6) and (7) shall have effect as if for the words “throughout any period of not more than 39 weeks" there are substituted the words “throughout any period that payments are made in accordance with the terms of the policy”.

(10) This sub-paragraph applies–

(a) to a person who claims a jobseeker’s allowance, or in respect of whom a jobseeker’s allowance is claimed, and who—

(i) received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and

(ii) had a previous award of a jobseeker’s allowance where the applicable amount included an amount by way of housing costs; and

(b) where the period in respect of which the previous award of a jobseeker’s allowance was payable ended not more than 26 weeks before the date the claim was made.

(11) Where sub-paragraph (10) applies, in determining–

F334 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the purposes of paragraph 7(1) whether a claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

[F335 (12) Where the claimant’s partner to whom this paragraph applies is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii), [F336 (1)(c)(iv),] (1)(d) and (1)(f)(iii) shall apply to him as if for the words “twelve weeks" there were substituted the words “[F337 104 weeks]".]

[F338 (13) For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—

(a) 52 weeks in the case of a person to whom sub-paragraph (14) applies;

(b) subject to sub-paragraph (12), 12 weeks in any other case.

(14) This sub-paragraph applies, subject to sub-paragraph (15), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to a jobseeker’s allowance because he or his partner or, where that person is a member of a joint-claim couple, the other member of that couple—

(a) has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b) is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii); or

(c) is participating in—

(i) a New Deal option;

(ii) an employment zone programme;

(iii) the self-employment route, [F339 or

(iv) the Intensive Activity Period specified in regulation 75(1)(a)(iv) or the Intensive Activity Period for 50 plus,]

and, as a consequence, [F340 that person, their partner or, where that person is a member of a joint-claim couple, the other member of that couple, was engaged in remunerative work or had income equal to or in excess of the amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies].

(15) Sub-paragraph (14) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to an income-based jobseeker’s allowance or the joint-claim couple of which he was a member ceased to be entitled to a joint-claim jobseeker’s allowance, his housing costs were being met in accordance with paragraph F341 ...7(1)(a) or would have been so met but for any non-dependant deduction under paragraph 17.]

[F342 (16) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income-based jobseeker’s allowance in this Schedule shall be taken to include also a reference to state pension credit.]

Textual Amendments

F295 Words in Sch. 2 para. 13(1) substituted (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 7(7)(a)

F296 Word in Sch. 2 para. 13(1) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F297 Word in Sch. 2 para. 13(1)(a)(i) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 11

F298 Words in Sch. 2 para. 13(1)(a)(ii) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(b)(i)(aa)

F299 Words in Sch. 2 para. 13(1)(a)(ii) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(4)

F300 Sch. 2 para. 13(1)(a)(ii), (aa)-(cc) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(4)

F301 Words in Sch. 2 para. 13(1)(b) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 10

F302 Words in Sch. 2 para. 13(1)(c)(iv) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(b)(i)(bb)

F303 Words in Sch. 2 para. 13(1)(d) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(b)(i)(cc)

F304 Sch. 2 para. 13(1)(dd) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(8)(b)

F305 Sch. 2 para. 13(1)(ee) inserted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 13(3)(a)

F306 Words in Sch. 2 para. 13(1)(ee)(i) inserted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 11(b)(i)

F307 Words in Sch. 2 para. 13(1)(ee)(i) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(15)

F308 Words in Sch. 2 para. 13(1)(ee)(i) inserted (5.10.2009) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(3), 2(12)(a)

F309 Words in Sch. 2 para. 13(1)(f)(iii) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(b)(i)(dd)

F310 Sch. 2 para. 13(2) omitted (11.4.2011) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 7(7)(b)

F311 Sch. 2 para. 13(2A)(2B) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(8)(c)

F312 Sch. 2 para. 13(3) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 4(2)

F313 Words in Sch. 2 para. 13(3) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(8)(d)

F314 Words in Sch. 2 para. 13(3) inserted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(10)(c)

F315 Sch. 2 para. 13(3A) inserted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 13(3)(b)

F316 Words in Sch. 2 para. 13(3A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(8)(e)(i)

F317 Words in Sch. 2 para. 13(3A)(a) inserted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 11(b)(ii)(aa)

F318 Words in Sch. 2 para. 13(3A)(a) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(15)

F319 Words in Sch. 2 para. 13(3A)(a) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(d)

F320 Words in Sch. 2 para. 13(3A)(a) inserted (5.10.2009) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(3), 2(12)(b)

F321 Words in Sch. 2 para. 13(3A)(b) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(8)(e)(ii)

F322 Words in Sch. 2 para. 13(3A) added (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 11(b)(ii)(bb)

F323 Words in Sch. 2 para. 13(4) substituted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 13(3)(c)

F324 Words in Sch. 2 para. 13(4) inserted (2.8.1999) by The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 1999 (S.I. 1999/1921), regs. 1, 2(2)(a)

F325 Sch. 2 para. 13(4A) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xi)(aa)

F326 Word in Sch. 2 para. 13(5)(a) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(b), 3(7)

F327 Words in Sch. 2 para. 13(5)(b) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 7(7)(c)

F328 Sch. 2 para. 13(5)(bb) inserted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(12)(b)

F329 Word in Sch. 2 para. 13(5)(c) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(b), 3(7)

F330 Words in Sch. 2 para. 13(6)(a) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(e)

F331 Words in Sch. 2 para. 13(6)(b) substituted (5.4.1999) by The Social Security Benefits (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/714), reg. 2(2)(a)

F332 Word in Sch. 2 para. 13(8)(b) substituted (9.7.2008) by The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (S.I. 2008/1826), regs. 1, 3(5)

F333 Words in Sch. 2 para. 13(9)(b) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xi)(bb)

F334 Sch. 2 para. 13(11)(a) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(h)(ii) (with reg. 8)

F335 Sch. 2 para. 13(12) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(4)

F336 Words in Sch. 2 para. 13(12) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(b)(ii)

F337 Words in Sch. 2 para. 13(12) substituted (9.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(7), 13(10)(b)

F338 Sch. 2 para. 13(13)(14)(15) added (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(b)(iii)

F339 Sch. 2 para. 13(14)(c)(iv) and word added (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(2), 11(b)(iii)

F340 Words in Sch. 2 para. 13(14) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(13)(b)

F341 Words in Sch. 2 para. 13(15) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(h)(iii) (with reg. 8)

F342 Sch. 2 para. 13(16) added (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 30(b)

Modifications etc. (not altering text)

C27 Sch. 2 para. 13(11) applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(e)(ii) (with regs. 3, 7)

C28 Sch. 2 para. 13(11) applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(e)(i) (with regs. 3, 7)

C29 Sch. 2 para. 13(11) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(i)(iii) (with reg. 8)

C30 Sch. 2 para. 13(15) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(i)(iv) (with reg. 8)

Loans on residential property

F343 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F343 Sch. 2 para. 15 omitted (6.4.2018) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xii)

Loans for repairs and improvements to the dwelling occupied as the home

F343 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F343 Sch. 2 para. 15 omitted (6.4.2018) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xii)

[F344 Housing costs]

16.—(1) Subject to the deduction specified in sub-paragraph (2) and the reductions applicable in sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the following housing costs—

(a) payments by way of rent or ground rent relating to a long tenancyF345 ...;

(b) service charges;

(c) payments by way of the rentcharge within the meaning of section 1 of the Rentcharges Act 1977F346 ;

(d) payments under a co-ownership scheme;

(e) payments under or relating to a tenancy or licence of a Crown tenant;

(f) where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands.

(2) Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—

(a) where the costs are inclusive of any of the items mentioned in [F347 paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006] (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;

(b) where the costs are inclusive of ineligible service charges within the meaning of [F348 paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006] (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services;

(c) any amount for repairs and improvements, and for this purpose the expression “repairs and improvements" has [F349 the meaning in sub-paragraph (6)] .

(3) Where arrangements are made for the housing costs, which are met under this paragraph and which are normally paid for a period of 52 weeks, to be paid instead for a period of 53 weeks, or to be paid irregularly, or so that no such costs are payable or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.

(4) Where the claimant or a member of his family–

(a) pays for reasonable repairs or redecoration to be carried out to the dwelling they occupy; and

(b) that work was not the responsibility of the claimant or any member of his family; and

(c) in consequence of that work being done, the costs which are normally met under this paragraph are waived,

then those costs shall, for a period not exceeding 8 weeks, be treated as payable.

(5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in sub-paragraph (1)(e) (Crown tenants) includes water charges, that amount shall be reduced—

(a) where the amount payable in respect of water charges is known , by that amount;

(b) in any other case, by the amount which would be the likely weekly water charge had the property not been occupied by a Crown tenant.

[F350 (6) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—

(a) provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

(b) repairs to existing heating system;

(c) damp proof measures;

(d) provision of ventilation and natural lighting;

(e) provision of drainage facilities;

(f) provision of facilities for preparing and cooking food;

(g) provision of insulation of the dwelling occupied as the home;

(h) provision of electric lighting and sockets;

(i) provision of storage facilities for fuel or refuse;

(j) repairs of unsafe structural defects;

(k) adapting a dwelling for the special needs of a disabled person; or

(l) provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.]

Textual Amendments

F344 Words in Sch. 2 para. 16 heading substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xiii)(aa)

F345 Words in Sch. 2 para. 16(1)(a) omitted (2.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 13(11)(c)

F346 1977 c.30

F347 Words in Sch. 2 para. 16(2)(a) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 8(4)(a) (with regs. 2, 3, Sch. 3, Sch. 4)

F348 Words in Sch. 2 para. 16(2)(b) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 8(4)(b) (with regs. 2, 3, Sch. 3, Sch. 4)

F349 Words in Sch. 2 para. 16(2)(c) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xiii)(bb)

F350 Sch. 2 para. 16(6) inserted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xiii)(cc)

Non-dependant deductions

17.—(1) Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made—

[F351 (a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, [F352 £95.45]

[F351 (b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, [F353 £14.80]

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies [F354 the Secretary of State] that the non-dependant’s gross weekly income is—

(a) less than [F355 £136.00 ]the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b) not less than [F356 £136.00 ]but less than [F356 £200.00 ]the deduction to be made under this paragraph shall be [F356 £34.00]

(c) not less than [F357 £200.00 ]but less than [F357 £259.00 ]the deduction to be made under this paragraph shall be [F357 £46.65]

[F358 (d) not less than [F359 £259.00 ]but less than [F359 £346.00 ]the deduction to be made under this paragraph shall be [F359 £76.35]]

[F358 (e) not less than [F360 £346.00 ]but less than [F360 £430.00 ]the deduction to be made under this paragraph shall be [F360 £86.95]]

[F361 (2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.]

(3) Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where, but for this sub-paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other member, the higher amount shall be deducted.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2), to the couple’s or, as the case may be, all the members of the polygamous marriage’s, joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

(a) [F362 severely sight impaired or blind or treated as severely sight impaired or blind] within the meaning of paragraph 14(1)(h) and (2) of Schedule 1 (additional condition for the higher pensioner and disability premiums); or

(b) receiving in respect of himself either–

(i) an attendance allowance, or

(ii) the care component of the disability living allowance[F363 , F364 ...

(iii) the daily living component of personal independence payment][F365 ; or

(iv) armed forces independence payment.]

(7) No deduction shall be made in respect of a non-dependant–

(a) if, although he resides with the claimant, it appears to [F366 the Secretary of State] that the dwelling occupied as his home is normally elsewhere; or

[F367 (b) if he is in receipt of [F368 a training allowance paid in connection with [F369 youth training] established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or]]

(c) if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

(d) if he is aged under 25 and in receipt of [F370 an income-based jobseeker’s allowance] or income support; or

(e) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under [F371 regulation 74 of the Housing Benefit Regulations 2006] (non-dependant deductions); or

(f) to whom, but for paragraph (5) of regulation 2 (definition of non-dependant) paragraph (4) of that regulation would apply; or

(g) if he is not residing with the claimant because he has been a patient for a period in excess of [F372 52] weeks, or is a prisoner, and for these purposes—

[F373 (i) “patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 85(4), and]

[F373 (ii) in calculating any period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; F374 ...]

[F375 (h) if he is in receipt of state pension credit] [F376 or

(i) he is aged less than 25 and is in receipt of employment and support allowance [F377 income-related] which does not include an amount under section 4(4) F378 ... of the Welfare Reform Act F378 ... [F379 (component) and is not a member of the work-related activity group]][F380 ; or

(j) if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income]

(8) In the case of a non-dependant to whom sub-paragraph (2) applies because he is in remunerative work, there shall be disregarded from his gross income—

(a) any attendance allowance [F381 , disability living allowance or personal independence payment][F382 , armed forces independence payment] received by him;

(b) any payment made under [F383 or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust [F384 , MFET Limited ] [F385 , the Skipton Fund, the Caxton Foundation] [F386 , the Scottish Infected Blood Support Scheme ][F387 , an approved blood scheme] [F388 , the London Emergencies Trust, the We Love Manchester Emergency Fund] or the Independent Living [F389 Fund (2006)] which, had his income fallen to be calculated under regulation 103 (calculation of income other than earnings), would have been disregarded under paragraph 22 of Schedule 7 (income in kind); and

(c) any payment which, had his income fallen to be calculated under regulation 103 would have been disregarded under paragraph 41 of Schedule 7 (payments made under certain trusts and certain other payments).

[F390 (d) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.]

[F391 (9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]]]

Textual Amendments

F351 Sch. 2 para. 17(1)(a)(b) substituted for Sch. 2 para. 17(1)(a)-(c) (4.4.2005) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 6(b)(i)

F352 Sum in Sch. 2 para. 17(1)(a) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(7)(a)

F353 Sum in Sch. 2 para. 17(1)(b) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(7)(b)

F354 Words in Sch. 2 para. 17(2) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2

F355 Sum in Sch. 2 para. 17(2)(a) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(7)(c)

F356 Sums in Sch. 2 para. 17(2)(b) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(7)(d)

F357 Sums in Sch. 2 para. 17(2)(c) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(7)(e)

F358 Sch. 2 para. 17(2)(d)(e) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Non-Dependant Deductions) Regulations 1996 (S.I. 1996/2518), regs. 1(1)(c), 4(b)

F359 Sums in Sch. 2 para. 17(2)(d) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(7)(f)

F360 Sums in Sch. 2 para. 17(2)(e) substituted (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(7)(g)

F361 Sch. 2 para. 17(2A) inserted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xiv)

F362 Words in Sch. 2 para. 17(6)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(3)(b)

F363 Sch. 2 para. 17(6)(b)(iii) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(8)(a)

F364 Word in Sch. 2 para. 17(6)(b) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(8)(a)

F365 Sch. 2 para. 17(6)(b)(iv) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(8)(b)

F366 Words in Sch. 2 para. 17(7)(a) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2

F367 Sch. 2 para. 17(7)(b) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(5)

F368 Words in Sch. 2 para. 17(7)(b) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(12)(c)(ii)

F369 Words in Sch. 2 para. 17(7)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(10)(e)

F370 Words in Sch. 2 para. 17(7)(d) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 4(3)

F371 Words in Sch. 2 para. 17(7)(e) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 8(4)(c) (with regs. 2, 3, Sch. 3, Sch. 4)

F372 Word in Sch. 2 para. 17(7)(g) substituted (coming into force in accordance with reg. 1(f) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(f), 6(4)

F373 Words in Sch. 2 para. 17(7)(g)(i)(ii) substituted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(4)

F374 Word in Sch. 2 para. 17(7)(g) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(f)(i)

F375 Sch. 2 para. 17(7)(h) added (4.4.2005) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 6(b)(ii)(bb)

F376 Sch. 2 para. 17(7)(i) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(f)(ii)

F377 Words in Sch. 2 para. 17(7)(i) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(11)(b)

F378 Word in Sch. 2 para. 17(7)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(b)(i) (with Sch. 2 paras. 1-7)

F379 Words in Sch. 2 para. 17(7)(i) inserted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(b)(ii) (with Sch. 2 paras. 1-7)

F380 Sch. 2 para. 17(7)(j) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(7)(b)(i)

F381 Words in Sch. 2 para. 17(8)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(8)(b)

F382 Words in Sch. 2 para. 17(8)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(8)(c)

F383 Words in Sch. 2 para. 17(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(8)(d)

F384 Words in Sch. 2 para. 17(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(e)

F385 Words in Sch. 2 para. 17(8)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)

F386 Words in Sch. 2 para. 17(8)(b) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(d)

F387 Words in Sch. 2 para. 17(8)(b) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(d)

F388 Words in Sch. 2 para. 17(8)(b) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(d)

F389 Words in Sch. 2 para. 17(8)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(d)

F390 Sch. 2 para. 17(8)(d) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(4)

F391 Sch. 2 para. 17(9) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(7)(b)(ii)

Continuity with Income Support [F392 or income-related employment and support allowance]

18.—(1) For the purpose of providing continuity between income support [F393 or income-related employment and support allowance] and a jobseeker’s allowance—

F394 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) had the award of a jobseeker’s allowance been an award of income support and the housing costs which would then have been met would have included an additional amount met in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations (add back), an amount equal to that additional amount shall be added to the housing costs to be met under this Schedule, but that amount shall be subject to the same qualifications and limitations as it would have been had the award been of income support; and

(c) for the purposes of any linking rule [F395 or for determining whether any qualifying or other period is satisfied], any reference to a jobseeker’s allowance in this Schedule shall be taken also to include a reference to income support [F396 or income-related employment and support allowance].

F397 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F392 Words in Sch. 2 para. 18 heading added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(g)(i)

F393 Words in Sch. 2 para. 18(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(g)(ii)(aa)

F394 Sch. 2 para. 18(1)(a) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(i) (with reg. 8)

F395 Words in Sch. 2 para. 18(1)(c) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(6)

F396 Words in Sch. 2 para. 18(1)(c) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(g)(ii)(bb)

F397 Sch. 2 para. 18(2) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(xv)

Rounding of Fractions

19.  Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

Schedule 1, paragraph 3(1)(b)

F398 SCHEDULE 3 THE GREATER LONDON AREA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F398 Sch. 3 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 10

Regulation 86

SCHEDULE 4 APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES

F399 F399 ....  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

F399   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 4 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

Regulation 86D

F400 SCHEDULE 4A APPLICABLE AMOUNT OF A JOINT-CLAIM COUPLE WHERE A MEMBER IS IN A RESIDENTIAL CARE OR NURSING HOME

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F400 Sch. 4A omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 19

[F401 Regulations 85 and 85A]

SCHEDULE 5 APPLICABLE AMOUNTS IN SPECIAL CASES

Textual Amendments

F401 Words in Sch. 5 heading substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(9)(a)

Modifications etc. (not altering text)

C31 Sch. 5: sums confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(8), Sch. 17

C32 Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(j)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), art. 1(2)(j)(ii), Sch. 12

C33 Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(8), Sch. 12

C34 Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(h), 19(1)(8), Sch. 12

Column (1)	Column (2)
F402 ... 1. F403 ...	F403 ...
[F404 Claimant who is a patient]
1A . F405 ...	1A. F405 ...
2.—(a) F406 ...	2.—(a) F406 ...
F407 . . .	F407 . . .
Claimants Without Accommodation 3. A claimant who is without accommodation.	3. The amount applicable to him under regulation 83(a) (personal allowance) only.
Members of Religious Orders 4. A claimant who is a member of and fully maintained by a religious order.	4. Nil
Specified Cases of Temporarily Separated Couples 5. A claimant who is a member of a couple and who is temporarily separated from his partner, where— (a) one member of the couple is– ([F408 i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ] (iii) resident in premises used for the rehabilitation of alcoholics or drug addicts, or (iv) resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps)F409 , (v) or participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F410 , or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F411 or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home, or (vi) in a probation or bail hostel approved for the purpose by the Secretary of State, and (b) the other member of the couple is– (i) living in the dwelling occupied as the home, or (ii) a patient, or [F412 (iii) residing in a care home, an Abbeyfield Home or an independent hospital.]	5. Either— (a) the amount applicable to him as a member of a couple under regulation 83; or (b) the aggregate of his applicable amount and that of his partner assessed under the provisions of these Regulations as if each of them were a single claimant, or a lone parent, whichever is the greater.
Polygamous Marriages where one or more partners are temporarily separated 6. A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is— ([F413 a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or] (c) resident in premises used for the rehabilitation of alcoholics or drug addicts; or (d) attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or (e) in a probation or bail hostel approved for the purpose by the Secretary of State.	6. Either— (a) the amount applicable to the members of the polygamous marriage under regulation 84; or (b) the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 84 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, or a lone parent, whichever is the greater.
Single claimants temporarily in local authority accommodation 7. F414 ...	7. F414 . . .
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation 8. F415 ...	F415 . . .
A claimant who is a lone parent who has entered residential accommodation temporarily. 9. F416 ...	9. F416 ...
Couples where one member is absent from the United Kingdom 10.[F417 —(1)] Subject to paragraph 11, a claimant who is a member of a couple and whose partner is temporarily absent from the United Kingdom. [F418 (2) A claimant who is a member of a joint-claim couple and whose partner is temporarily absent from the United Kingdom— (a) in the circumstances prescribed in regulation 50(6A); (b) in any other circumstances.]	10. 10.[F417 —(1)] For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83F419 ... as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83F419 ... as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent. [F420 (2) (a) For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83 F419 ... and thereafter the amount applicable to the claimant in Great Britain under regulation 83F419 ... as if the claimant were a single claimant; (b) The amount which would be applicable to the claimant under regulation 83F419 ... if that claimant was a single claimant for the period commencing on the date of claim and ending on the day after the day on which the partner returns to the United Kingdom.]
Couple or member of couple taking child or young person abroad for treatment 11.—(1) A claimant who is a member of a couple where either– (a) he or his partner is, or (b) both he and his partner are absent from [F421 United Kingdom] in the circumstances specified in sub— paragraph (2), (2) For the purpose of sub-paragraph (1), the specified circumstances are– (a) the claimant is absent from the United Kingdom but is treated as [F422 available for and actively seeking] employment in accordance with regulations 14(1) and 19(1); (b) the claimant’s partner is absent from the United Kingdom and regulation 50(5) would have applied to him if he had claimed a jobseeker’s allowance.	11. For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 83F423 ..., as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 83F423 ..., as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.
Polygamous marriages where any member is abroad 12. Subject to paragraph 13 a claimant who is a member of a polygamous marriage where— (a) he or one of his partners is, or (b) he and one or more of his partners are, or (c) two or more of his partners are,temporarily absent from the United Kingdom;	12. For the first four weeks of that absence, the amount applicable to the claimant under regulations 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.
Polygamous marriage: taking child or young person abroad for treatment 13.—(1) A claimant who is a member of a polygamous marriage where– (a) he or one of his partners is, (b) he and one of his partners are, or (c) [F421 two or more of his partners are, absent from the United Kingdom in the circumstances specified in sub-paragraph (2).] (2) For the purposes of sub-paragraph (1) the specified circumstances are– (a) in respect of the claimant, F424 ... he is absent from the United Kingdom but is treated as available for and actively seeking employment in accordance with regulations 14(1) and 19(1); or [F425 (b)] one or more of the members of the polygamous marriage is absent from the United Kingdom and regulation 50(5) would have applied to the absent partner [F421 if he had claimed a jobseeker’s allowance ] [F426 had claimed a jobseeker’s allowance.]	13. For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.
[F427 Partner of a person subject to immigration control 13A.— (a) A claimant who is the partner of a person subject to immigration control. (b) Where regulation 84 (polygamous marriages) applies and the claimant is a person– (i) who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or (ii) to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and (iii) who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income-based jobseeker’s allowance.]	13A [F428 the amount applicable in respect of the claimant only under regulation 83(a), plus any amount which may be applicable to him under regulation 83(e) or (f) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85;] [F428 the amount determined in accordance with that regulation or regulation 85 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance;]
Persons from Abroad 14. [F429 person from abroad]	14.—(a) Nil
Persons in residential accommodation 15. F430 ...	15. F430 . . .
Persons temporarily absent from a hostel, residential care or nursing home 16. F431 ...	16. F431 . . .
Persons in residential care or nursing homes who become patients 17. F431 ...	17. F431 . . .
[F432 Joint-claim couples where a claim is made other than jointly by both members 17A. A joint claim couple and one member— (a) is a person to whom regulation 3E(2)(a) applies; (b) is a person to whom regulation 3E(2)(b) applies.]	[F433 17A. (a) The amount which would be applicable to the claimant under regulation 83 F434 ... if that claimant was a single claimant for the period commencing on the day on which the member of the couple who is not the claimant fails to attend at the time and place specified by the Secretary of State for the purposes of regulation 6 of the Claims and Payments Regulations and ending on the day on which that member does so attend; (b) The amount which would be applicable to the claimant under regulation 83 F434 ... if that claimant was a single claimant.]

Textual Amendments

F402 Sch. 5 para. 1 heading omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(5)(a)

F403 Sch. 5 para. 1 omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(5)(a)

F404 Sch. 5 heading inserted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(5)(b)(i)

F405 Words in Sch. 5 omitted (coming into force in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(9)(b)

F406 Words in Sch. 5 omitted (with application in accordance with reg. 1(5) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(3), 3(9)(c)

F407 Words in Sch. 5 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 21(a)

F408 Sch. 5 para. 5(a)(i) substituted for Sch. 5 para. 5(a)(i)(ii) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(a)(i)

F409 1947 c.19; amended by Schedule 4 of the Social Security Act 1980 (c.30) and by S.I. 1951/174 and 1968/1699.

F410 1973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25(1).

F411 1990 c.35.

F412 Sch. 5 para. 5(b)(iii) substituted for Sch. 5 para. 5(b)(iii)(iv) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(a)(ii)

F413 Sch. 5 para. 6(a) substituted for Sch. 5 para. 6(a) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(b)

F414 Sch. 5 para. 7 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(b)(i)

F415 Sch. 5 para. 8 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(b)(ii)

F416 Sch. 5 para. 9 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(b)(iii)

F417 Sch. 5 para. 10(1): Sch. 5 para. 10 renumbered as Sch. 5 para. 10(1) (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(a)

F418 Words in Sch. 5 para. 10(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(a)(i)

F419 Words in Sch. 5 para. 10 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 20(b)

F420 Words in Sch. 5 para. 10(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(a)(ii)

F421 Words in Sch. 5 substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F422 Word in Sch. 5 para. 11 substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(15)

F423 Words in Sch. 5 para. 11 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 20(c)

F424 Word in Sch. 5 para. 13(2) omitted (28.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(13)(b)(i)

F425 Word in Sch. 5 para. 13(2) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(13)(b)(ii)

F426 Words in Sch. 5 para. 13(2) added (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(13)(b)(iii)

F427 Words in Sch. 5 inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(7)(a)

F428 Words in Sch. 5 substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 21(c)

F429 Words in Sch. 5 para. 14 substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(8)

F430 Sch. 5 para. 15(1) omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(c)

F431 Sch. 5 paras. 16, 17 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. 2 para. 20(e)

F432 Words in Sch. 5 para. 17A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(b)(i)

F433 Words in Sch. 5 para. 17A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(b)(ii)

F434 Words in Sch. 5 para. 17A omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(d)

Modifications etc. (not altering text)

C35 Sch. 5 para. 14: sum confirmed (coming into force in accordance with art. 1(2)(l)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(l)(ii), 25(8), Sch. 16

C36 Sch. 5 para. 4: sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

C37 Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

Rounding of fractions

18.  Where any calculation under this Schedule or as a result of a jobseeker’s allowance being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.

Regulation 86C

[F435 SCHEDULE 5A APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES

Textual Amendments

F435 Sch. 5A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 57

Modifications etc. (not altering text)

C38 Sch. 5A: sums confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(9), Sch. 18

C39 Sch. 5A para. 3: sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(h), 19(1)(8), Sch. 12

Column (1)	Column (2)
Patients F436 1.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F436 1.   . . .
F437 1A.   . . .	F437 1A.   . . .
Joint-Claim Couple Without Accommodation 2.   A joint-claim couple who are without accommodation.	2.   The amount applicable to the couple under regulation 86A(a) (personal allowance) only.
Members of Religious Orders 3.   A joint-claim couple who are both members of and fully maintained by a religious order.	3.   Nil.
Specified Cases of Temporarily Separated Joint-Claim Couples 4.   A joint-claim couple who are temporarily separated where— (a) one member is— [F438 (i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or] (iii) resident in premises used for the rehabilitation of alcoholics or drug addicts; (iv) resident in accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps); (v) participating in arrangements for training made under section 2 of the Employment and Training Act 1973, or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home; or (vi) in a probation or bail hostel approved for the purpose by the Secretary of State, and (b) the other member is— (i) living in the dwelling occupied as the home; (ii) a patient; [F439 (iii) residing in a care home, an Abbeyfield Home or an independent hospital.] (iv) resident in a residential care home or nursing home.	4.   Either— (a) the amount applicable to the joint-claim couple under regulation 86A; or (b) the aggregate of the applicable amounts of both claimants assessed under the provisions of these Regulations as if each of them were a single claimant, whichever is the greater.
Polygamous Marriages where one or more members of the marriage are temporarily separated 5.   A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his, where one of them is living in the home while the other member is— [F440 (a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or] (c) resident in premises used for the rehabilitation of alcoholics or drug addicts; (d) attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or (e) in a probation or bail hostel approved for the purpose by the Secretary of State.	5.   Either— (a) the amount applicable to the joint-claim couple under regulation 86B; or (b) the aggregate of the amount applicable for the joint-claim couple in respect of the members of the polygamous marriage who remain in the home under regulation 86B and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, whichever is the greater.
Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation F441 6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F441 6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Joint-claim couples where one member is absent from the United Kingdom 7.   A joint-claim couple where one member is temporarily absent from the United Kingdom— (a) in the circumstances prescribed in regulation 50(6B); (b) in any other circumstances.	7.— (a) The amount applicable to them as a couple under regulation 86AF442 ... for the relevant period prescribed in regulation 50(6B). (b) For the first four weeks of that absence, the amount applicable to them as a couple under regulation 86AF442 ... as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83F442 ... as the case may be as if that claimant were a single claimant.
Polygamous marriages where any member of the marriage is abroad 8.   A joint-claim couple where one member is a member of a polygamous marriage and— (a) he, the other member or one of his partners is; (b) he, the other member and one or more of his partners are; or (c) the other member and one or more of his partners or two or more of his partners are, temporarily absent from the United Kingdom.	8.   For the first four weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to [F443 86C], as the case may be, and thereafter, if the joint-claim couple are in Great Britain the amount applicable to them under regulations 86B to [F443 86C], as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.
Members of joint-claim couples in residential accommodation F444 9.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F444 . . .
Members of joint-claim couples temporarily absent from a hostel, residential care or nursing home F445 10.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F445 . . .
Members of joint-claim couples in residential care or nursing homes who become patients F445 11.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F445 . . .

Textual Amendments

F436 Sch. 5A para. 1 omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(6)(a)

F437 Words in Sch. 5A omitted (coming into force in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(10)

F438 Sch. 5A para. 4(a)(i) substituted for Sch. 5A para. 4(a)(i) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 11(a)(i)

F439 Sch. 5A para. 4(b)(iii)-(iv) substituted for Sch. 5A (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 11(a)(ii)

F440 Sch. 5A para. 5(a)-(b) substituted for Sch. 5A para. 5(a) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 11(b)

F441 Sch. 5A para. 6 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 6(3)

F442 Words in Sch. 5A para. 7 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 21(b)

F443 Word in Sch. 5A para. 8 substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 21(c)

F444 Sch. 5A para. 9 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 12(b)

F445 Sch. 5A paras. 10, 11 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. 2 para. 21(d)

Modifications etc. (not altering text)

C40 Sch. 5A para. 3: sum confirmed (coming into force in accordance with art. 1(2)(l)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(l)(ii), 25(8), Sch. 16

C41 Sch. 5A para. 3: sum confirmed (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

Rounding of Fractions

12.   Where any calculation under this Schedule or as a result of a joint-claim jobseeker’s allowance being awarded for a period of less than one complete benefit week results in a fraction of a penny, that fraction shall be treated as a penny.]

Modifications etc. (not altering text)

C42 Sch. 5A para. 3: sum maintained (coming into force in accordance with art. 1(2)(j)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), art. 1(2)(j)(ii), Sch. 12

C43 Sch. 5A para. 3: sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(8), Sch. 12

Regulations 99(2), 101(2) and 106(6)

SCHEDULE 6 SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

[F446 1.— (1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

(a) any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to a jobseeker’s allowance;

(b) any earnings, other than a payment of the nature described in [F447 sub-paragraph (2)(a) or (b)(ii)], paid or due to be paid from that employment which has not been terminated where the claimant is not—

(i) engaged in remunerative work, or

(ii) suspended from his employment.

(2) This sub-paragraph applies to—

[F448 (a) any payment of the nature described in—

(i) regulation 98(1)(d), or

(ii) section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and]

(b) any award, sum or payment of the nature described in—

(i) regulation 98(1)(f) or (g), or

(ii) section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),

including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.

Textual Amendments

F446 Sch. 6, paras. 1, 1A, 2 substituted for paras. 1, 2 (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(14)(a)

F447 Words in Sch. 6 para. 1(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(14)(a)

F448 Sch. 6 para. 1(2)(a) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(14)(b)

1A.   If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—

(a) on retirement the partner is entitled to a retirement pension under the Benefits Act, or

(b) the only reason the partner is not entitled to a retirement pension under the Benefits Act is because the contribution conditions are not satisfied.]

Textual Amendments

F446 Sch. 6, paras. 1, 1A, 2 substituted for paras. 1, 2 (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(14)(a)

[F449 1B.   If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—

(a) on retirement the partner is entitled to a state pension under Part 1 of the Pensions Act 2014, or

(b) the only reason the partner is not entitled to a state pension under Part 1 of the Pensions Act 2014 is because the partner does not have the minimum number of qualifying years.]

Textual Amendments

F449 Sch. 6 para. 1B inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 16(3)

[F446 2.— (1) In the case of a claimant to whom this paragraph applies, any earnings (other than items to which paragraph 1(2) applies) which relate to employment which ceased before the first day of entitlement to a jobseeker’s allowance whether or not that employment has terminated.

(2) This paragraph applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged; but it does not apply to a claimant who has been suspended from his employment.]

Textual Amendments

F446 Sch. 6, paras. 1, 1A, 2 substituted for paras. 1, 2 (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(14)(a)

3.  Any payment to which regulation 98(1)(f) applies—

(a) which is due to be paid more than 52 weeks after the date of termination of the employment in respect of which the payment is made; or

(b) which is a compensatory award within the meaning of section [F450 118(1)(b) of the Employment Rights Act 1996] for so long as such an award remains unpaid and the employer is insolvent within the meaning of section 127 of that Act.

Textual Amendments

F450 Words in Sch. 6 para. 3(b) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(14)(b)

4.  In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain, would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 95(2) (royalties etc.) applies.

5.—(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), 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 [F451 £20].

(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patientF452 ... F453 ... would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where–

(a) the claimant is a member of a couple, and–

(i) his applicable amount would include an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable; or

(ii) had he not been an in-patient F454 ... F455 ... his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b) he or his partner [F456 has not attained the qualifying age for state pension credit] and at least one is engaged in part-time employment.

(4) This paragraph applies where–

(a) the claimant’s applicable amount includes, or but for his being an in-patient F457 ...F458 ... would include, an amount by way of the higher pensioner premium under Schedule 1; and

(b) the claimant or, if he is a member of a couple, either he or his partner has attained [F459 the qualifying age for state pension credit]; and

(c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of [F451 £20]; and

(d) he or, as the case may be, he or his partner has continued in part-time employment.

F460 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F460 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of this paragraph–

(a) except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring—

(i) on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained [F461 the qualifying age for state pension credit] during which either was or both were not engaged in part-time employment or the claimant was not entitled to a jobseeker’s allowance[F462 , income support or an employment and support allowance]; or

(ii) immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 F463 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F464 or to participate in an employment rehabilitation programme established under that section of the 1973 Act;

(b) in a case where the claimant has ceased to be entitled to a jobseeker’s allowance[F462 , income support or an employment and support allowance] because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to a jobseeker’s allowance[F462 , income support or an employment and support allowance], not exceeding the permitted period, occurring on or after the date on which the claimant or, as the case may be, his partner attained [F465 the qualifying age for state pension credit];

(c) no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained [F466 the qualifying age for state pension credit] during which the claimant was not entitled to a jobseeker’s allowance[F462 , income support or an employment and support allowance] because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the 1973 Act;

Textual Amendments

F451 Word in Sch. 6 para. 5 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(i) (with reg. 4)

F452 Words in Sch. 6 para. 5(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)

F453 Words in Sch. 6 para. 5(2) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12

F454 Words in Sch. 6 para. 5(3)(a)(ii) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)

F455 Words in Sch. 6 para. 5(3)(a)(ii) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12

F456 Words in Sch. 6 para. 5(3)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(a)

F457 Words in Sch. 6 para. 5(4)(a) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)

F458 Words in Sch. 6 para. 5(4)(a) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12

F459 Words in Sch. 6 para. 5(4)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)

F460 Sch. 6 para. 5(5)(6) revoked (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 12(b)

F461 Words in Sch. 6 para. 5(7)(a)(i) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)

F462 Words in Sch. 6 para. 5(7) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(26)

F463 1973 c.50; section 2 was amended by section 25(1) of the Employment Act 1988 (c.19), Part I of Schedule 7 to the Employment Act 1989 (c.38), and section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).

F464 1990 c.35.

F465 Words in Sch. 6 para. 5(7)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)

F466 Words in Sch. 6 para. 5(7)(c) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)

[F467 6.   In a case where the claimant is a lone parent and paragraph 5 does not apply,] [F468 £20].

Textual Amendments

F467 Sch. 6 para. 6 substituted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 15

F468 Word in Sch. 6 para. 6 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(ii)

7.—(1) In a case to which neither paragraph 5 or 6 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), [F469 £20] of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of [F470 carer’s allowance] or treated in accordance with paragraph 17(2) of that Schedule as being in receipt of invalid care allowance.

(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed [F469 £20] of the aggregated amount.

Textual Amendments

F469 Word in Sch. 6 para. 7 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(iii)

F470 Words in Sch. 6 substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

8.  Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than [F471 £20], but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

(a) specified in paragraph 9(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 7 exceed [F471 £20];

(b) other than one specified in paragraph 9(1), so much of the other member’s earnings from such other employment up to £5 as would not when aggregated with the amount disregarded under paragraph 7 exceed [F471 £20].

Textual Amendments

F471 Word in Sch. 6 para. 8 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(iv)

9.—(1) In a case to which none of paragraphs 5 to 8 applies to the claimant, [F472 £20] of earnings derived from one or more employments as—

F473 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F474 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F475 (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F476 (a) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;]

(b) an auxiliary coastguard in respect of coast rescue activities;

(c) a person engaged part-time in the manning or launching of a lifeboat;

(d) a member of any F477 ... reserve force prescribed in Part I of [F478 Schedule 6 to the Social Security (Contributions) Regulations 2001];

but, notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

(2) If the claimant’s partner is engaged in employment–

(a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the claimant’s earnings disregarded under this paragraph exceed [F472 £20];

(b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £5 as would not in aggregate with the claimant’s earnings disregarded under this paragraph exceed [F472 £20].

Textual Amendments

F472 Word in Sch. 6 para. 9 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(v)

F473 Sch. 6 para. 9(1)(a) omitted (E.W.) (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 6(14)(a); revoked (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 1(2)(f), Sch. para. 10(4)(a)

F474 Sch. 6 para. 9(1)(aa) omitted (E.W.) (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 6(14)(b)

F475 Sch. 6 para. 9(1)(ab) omitted (S.) (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 6(14)(c)

F476 Sch. 6 para. 9(1)(a) inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 6(14)(d)

F477 Words in Sch. 6 para. 9(1)(d) omitted (6.4.2015) by virtue of The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015 (S.I. 2015/389), regs. 1, 3(6)(a)

F478 Words in Sch. 6 para. 9(d) substituted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 13(3)(c)

10.  Where the claimant is engaged in one or more employments specified in paragraph 9(1) but his earnings derived from such employments are less than [F479 £20] in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 9 exceed [F479 £20].

Textual Amendments

F479 Word in Sch. 6 para. 10 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limits and Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(vi)

11.  Where the claimant is a member of a couple F480 ...–

(a) in a case to which none of paragraphs 5 to 10 applies, £10; but, notwithstanding regulation 88 (calculation of income and capital of members of a claimant’s family and of a polygamous marriage), 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 sub-paragraph are less than £10;

(b) in a case to which one or more of paragraphs 5 to 10 applies and the total amount disregarded under those paragraphs is less than £10, so much of the claimant’s earnings as would not in aggregate with the amount disregarded under paragraphs 5 to 10 exceed £10.

Textual Amendments

F480 Words in Sch. 6 para. 11 omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 19

12.  In a case to which none of paragraphs 5 to 11 applies to the claimant, £5.

13.  Notwithstanding the foregoing provisions of this Schedule, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, because it has not been practicable to treat the payments under regulation 96(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which they were due to be paid, there shall be disregarded from each payment the sum that would have been disregarded if the payment had been taken into account on the date on which it was due to be paid.

14.  Any earnings derived from employment which are 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 those earnings.

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

16.  Any earnings which are due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

17.  Any earnings of a child or young person [F481 except earnings to which paragraph 18 applies].

Textual Amendments

F481 Words in Sch. 6 para. 17 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 22(a)

18.   [F482 In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 142 of the Benefits Act (meaning of “child") is nonetheless treated for the purposes of these Regulations as receiving relevant education and who is engaged in remunerative work–

(a) if an amount by way of a disabled child premium under Schedule 1 (applicable amounts) isF483 ... included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent. of that which he would, but for that disability, normally be expected to earn, [F484 £20];

(b) in any other case, £5.]

Textual Amendments

F482 Sch. 6 para. 18 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 22(b)

F483 Words in Sch. 6 para. 18(a) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(b)

F484 Word in Sch. 6 para. 18 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(vii)

[F485 19.— (1) In the case of a contribution-based jobseeker’s allowance, where by reason of earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other earnings (if any) calculated in accordance with this Part) the claimant would (apart from this paragraph) have a personal rate of less than 10 pence, the amount of such earnings but only to the extent that that amount exceeds the claimant’s personal rate less 10 pence.

(2) In the case of an income-based jobseeker’s allowance, where earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount less 10 pence, the amount of those earnings corresponding to that excess.

(3) This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 9, derived by the claimant from employment as a member of any F486 ... reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year [F487 or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.]

(4) In sub-paragraph (1), “personal rate” means the rate for the claimant calculated as specified in section 4(1) of the Act.]

Textual Amendments

F485 Sch. 6 para. 19 substituted (30.7.2012) by The Jobseeker’s Allowance (Members of the Reserve Forces) Regulations 2012 (S.I. 2012/1616), regs. 1(2), 2(7)

F486 Words in Sch. 6 para. 19(3) omitted (6.4.2015) by virtue of The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015 (S.I. 2015/389), regs. 1, 3(6)(b)(i)

F487 Words in Sch. 6 para. 19(3) inserted (6.4.2015) by The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015 (S.I. 2015/389), regs. 1, 3(6)(b)(ii)

20.  In this Schedule “part-time employment" means employment in which the person is not to be treated as engaged in remunerative work under regulation 52 or 53 (persons treated as engaged, or not engaged, in remunerative work).

21.  In paragraph 5(7)(b) “permitted period" means a period determined in accordance with regulation 3A of the Income Support Regulations F488 , as it has effect by virtue of regulation 87(7) of these Regulations.

Textual Amendments

F488 Regulation 3A was inserted by S.I. 1989/1678 and is amended by S.I. 1996/206.

Regulation 88ZA(4)

[F489 SCHEDULE 6A SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS OF MEMBERS OF JOINT-CLAIM COUPLES

Textual Amendments

F489 Sch. 6A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 58

1.— (1) In a case to which this paragraph applies, [F490 £20]; but notwithstanding regulation 88ZA (calculation of income and capital of members of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple, it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this paragraph are less than [F490 £20].

(2) This paragraph applies where the joint-claim couple’s applicable amount includes, or but for one member being an in-patientF491 ... F492 ... would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where—

(a) the joint-claim couple’s applicable amount would include—

(i) an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable; or

(ii) had a member of that couple not been an in-patientF493 ...F494 ..., the higher pensioner premium under that Schedule and had that been the case, the joint-claim couple would also satisfy the condition in (i) above; and

(b) either member [F495 has not attained the qualifying age for state pension credit] and at least one is engaged in part-time employment.

(4) This paragraph applies where—

(a) the joint-claim couple’s applicable amount includes, or but for a member being an in-patientF496 ... F497 ... would include, an amount by way of the higher pensioner premium under Schedule 1; and

(b) either member has attained [F498 the qualifying age for state pension credit]; and

(c) immediately before attaining that age either, or as the case may be both, members were engaged in part-time employment and the joint-claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of [F490 £20]; and

(d) either, or as the case may be both, members have continued in part-time employment.

(5) For the purposes of this paragraph—

(a) except where paragraph (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring—

(i) on or after the date on which either member attained [F499 the qualifying age for state pension credit] during which either member was, or both members were, not engaged in part-time employment or either member was, or both members were, not entitled to a jobseeker’s allowance or[F500 , income support or an employment and support allowance]; or

(ii) immediately after the date on which either member ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or ceased to participate in an employment rehabilitation programme established under that section of the 1973 Act;

(b) in a case where either or both members have ceased to be entitled to a jobseeker’s allowance or[F500 , income support or an employment and support allowance] because either member becomes engaged in remunerative work, no account shall be taken of any period during which either or both members were not entitled to a jobseeker’s allowance or[F500 , income support or an employment and support allowance], not exceeding the permitted period, occurring on or after the date on which either member attained [F501 the qualifying age for state pension credit];

(c) no account shall be taken of any period occurring on or after the date on which either member attained [F502 the qualifying age for state pension credit] during which either or both members were not entitled to a jobseeker’s allowance or[F500 , income support or an employment and support allowance] because either or both members were participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the 1973 Act.

Textual Amendments

F490 Word in Sch. 6A para. 1 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(c)(i)

F491 Words in Sch. 6A para. 1(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 23

F492 Words in Sch. 6A para. 1(2) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 13

F493 Words in Sch. 6A para. 1(3)(a)(ii) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 23

F494 Words in Sch. 6A para. 1(3)(a)(ii) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 13

F495 Words in Sch. 6A para. 1(3)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 16(2)(a)

F496 Words in Sch. 6A para. 1(4)(a) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 23

F497 Words in Sch. 6A para. 1(4)(a) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 13

F498 Words in Sch. 6A para. 1(4)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 16(2)(b)

F499 Words in Sch. 6A para. 1(5)(a)(i) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 16(2)(b)

F500 Words in Sch. 6A para. 1(5) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(27)

F501 Words in Sch. 6A para. 1(5)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 16(2)(b)

F502 Words in Sch. 6A para. 1(5)(c) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 16(2)(b)

2.— (1) In a case where paragraph 1 does not apply to a member of a joint-claim couple and subject to sub-paragraph (2), where the joint-claim couple’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), [F503 £20] of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of [F504 a] [F504 carer’s allowance] or treated in accordance with paragraph 20J(2) of that Schedule as being in receipt of [F504 a] [F504 carer’s allowance].

(2) Where the carer premium is awarded in respect of a joint-claim couple, the earnings of each member shall for the purposes of this paragraph be aggregated but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed [F503 £20] of the aggregated amount.

Textual Amendments

F503 Word in Sch. 6A para. 2 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(c)(ii)

F504 Words in Sch. 6A substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

3.— (1) In the case to which neither paragraph 1 nor 2 applies to a member of a joint-claim couple (“the first member”), [F505 £20] of earnings derived from one or more employments to which paragraph 9 of Schedule 6 applies but, notwithstanding regulation 88ZA (calculation of income and capital of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple it shall not apply to the other member except to the extent specified in sub-paragraph (2).

(2) If the other member is engaged in employment—

(a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the first member’s earnings disregarded under this paragraph exceed [F505 £20];

(b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £5 as would not in aggregate with the first member’s earnings disregarded under this paragraph exceed [F505 £20.]

Textual Amendments

F505 Word in Sch. 6A para. 3 substituted (1.4.2001 for specified purposes) by The Social Security Amendment (Capital Limits and Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(c)(iii)

4.   Where a member of a joint-claim couple is engaged in one or more employments specified in paragraph 3(1) but his earnings derived from such employments are less than [F506 £20] in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 3 exceed [F506 £20].

Textual Amendments

F506 Word in Sch. 6A para. 4 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(c)(iv)

F507 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F507 Sch. 6A para. 5 omitted (30.7.2012) by virtue of The Jobseeker’s Allowance (Members of the Reserve Forces) Regulations 2012 (S.I. 2012/1616), regs. 1(2), 2(8)

6.— (1) In a case where none of paragraphs 1 to 5 apply, £10 but, notwithstanding regulation 88ZA (calculation of income and capital of joint-claim couples), if this paragraph applies to one member of a joint-claim couple, it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this sub-paragraph are less than £10.

(2) In a case where one or more of paragraphs 1 to 5 apply and the total amount disregarded under those paragraphs is less than £10, so much of the earnings of the member of a joint-claim couple as would not in aggregate with the amount disregarded under paragraphs 1 to 5 exceed £10.

7.   In this Schedule, “part-time employment” and “permitted period” shall bear the meanings prescribed respectively in paragraphs 20 and 21 of Schedule 6.]

Regulation 103(2)

SCHEDULE 7 SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

Modifications etc. (not altering text)

C44 Sch. 7 para. 65 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 16 (with regs. 1(2), 11, 19)

C45 Sch. 7 modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 16

[F508 A2.   Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.]

Textual Amendments

F508 Sch. 7 para. A2 inserted (25.4.2011) by The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (S.I. 2011/688), regs. 1, 14(1)(d)(2)

F509 A3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F509 Sch. 7 para. A3 omitted (12.2.2013) by virtue of Jobseekers (Back to Work Schemes) Act 2013 (c. 17), ss. 1(14), 3(2) (with s. 1(10))

[F510 A3.   Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.]

Textual Amendments

F510 Sch. 7 para. A3 inserted (12.2.2013 at 6.45pm) by The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 (S.I. 2013/276), regs. 1, 11

[F511 A4.   Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014.]

Textual Amendments

F511 Sch. 7 para. A4 inserted (temp. until 30.4.2015) (18.7.2014) by The Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014 (S.I. 2014/1913), regs. 1(1), 13

[F512 A5.   Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014.]

Textual Amendments

F512 Sch. 7 para. A5 inserted (temp. until 24.11.2016) (25.11.2014) by The Jobseeker’s Allowance (18-21 Work Skills Pilot Scheme) Regulations 2014 (S.I. 2014/3117), regs. 1(1), 17(1)(c)(2)

1.  Any amount paid by way of tax on income which is taken into account under regulation 103 (calculation of income other than earnings).

2.  Any payment in respect of any expenses incurred [F513 , or to be incurred,] by a claimant who is—

(a) engaged by a charitable or voluntary organisation; 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 105(13) (notional income).

Textual Amendments

F513 Words in Sch. 7 para. 2 inserted (24.9.2001) by The Social Security Amendment (Volunteers) Regulations 2001 (S.I. 2001/2296), regs. 1, 2(1)(2)(d)

[F514 2A.   Any payment in respect of expenses arising out of the [F515 claimant participating as a service user].]

Textual Amendments

F514 Sch. 7 para. 2A inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(15)(a)

F515 Words in Sch. 7 para. 2A substituted (28.4.2014) by The Social Security (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/591), regs. 1, 4(6)

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.  In the case of a payment of [F516 [F517 statutory paternity pay] by virtue of Part 12ZA of the Benefits Act, statutory adoption pay by virtue of Part 12ZB of the Benefits Act, [F518 statutory shared parental pay by virtue of Part 12ZC of the Benefits Act,]] statutory sick pay or statutory maternity pay or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity [F519 or who is taking paternity leave[F520 , adoption leave or shared parental leave]] —

(a) any amount deducted by way of primary Class 1 contributions under the Benefits Act;

(b) one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.

Textual Amendments

F516 Words in Sch. 7 para. 4 inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 3(6)(a)(i)

F517 Words in Sch. 7 para. 4 substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 7(6)(a)(i) (with art. 35(1))

F518 Words in Sch. 7 para. 4 inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 7(6)(a)(ii)

F519 Words in Sch. 7 para. 4 added (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 3(6)(a)(ii)

F520 Words in Sch. 7 para. 4 substituted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 7(6)(a)(iii)

5.  In the case of the payment of statutory sick pay or statutory maternity pay under Parts XI or XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992F521 [F522 , or a payment under any enactment having effect in Northern Ireland corresponding to a payment of [F523 statutory paternity pay] [F524 statutory shared parental pay or statutory adoption pay]] –

(a) any amount deducted by way of primary Class 1 contributions under that Act;

(b) one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.

Textual Amendments

F521 1992 c.7.

F522 Words in Sch. 7 para. 5 inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 3(6)(b)

F523 Words in Sch. 7 para. 5 substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 7(6)(b)(i) (with art. 35(1))

F524 Words in Sch. 7 para. 5 substituted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 7(6)(b)(ii)

6.  Any housing benefit [F525 to which the claimant is entitled].

Textual Amendments

F525 Words in Sch. 7 para. 6 added (4.4.2005) by The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 6(5)(a)

[F526 6A.   Any guardian’s allowance]

Textual Amendments

F526 Sch. 7 para. 6A inserted (for specified purposes and with effect in accordance with reg. 1(9) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 23(a)

[F527 6B.   –

(1) Any child tax credit.

(2) Any child benefit.]

[F528 (3) Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Benefits Act where—

(a) the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income-based jobseeker’s allowance, and

(b) the claimant, or that claimant’s partner, has been awarded a child tax credit.]

Textual Amendments

F527 Sch. 7 para. 6B inserted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 23(b)

F528 Sch. 7 para. 6B(3) added (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), reg. 4(5)(a)

[F529 6C.— (1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

(3) This paragraph does not apply to a claimant in relation to whom regulation 3 of, and Schedule 2 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 have effect.

(4) In this paragraph—

“child” and “qualifying young person” have the meanings given in section 142 of the Contributions and Benefits Act;

“treated as responsible” is to be construed in accordance with section 143 of that Act;

“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulation 2006.]

Textual Amendments

F529 Sch. 7 para. 6C inserted (temp. until 6/4/2009) (5.1.2009) by The Social Security (Child Benefit Disregard) Regulations 2008 (S.I. 2008/3140), regs. 1(2), 3(2)

[F530 7.   The mobility component of disability living allowance [F531 or the mobility component of personal independence payment].]

Textual Amendments

F530 Sch. 7 para. 7 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(a)

F531 Words in Sch. 7 para. 7 inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(9)(a)

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

(a) any payment specified in paragraph 7 or 10;

[F532 (b) income support;

(c) an income-based jobseeker’s allowance; F533 ...

(d) an income-related employment and support allowance][F534 ; or

(e) universal credit.]

Textual Amendments

F532 Sch. 7 para. 8(b), (c)(d) substituted for Sch. 7 para. 8(b) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 3(10)(b)

F533 Word in Sch. 7 para. 8 omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(8)

F534 Sch. 7 para. 8(e) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(8)

9.  Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

10.  Any attendance allowance [F535 , the care component of disability living allowance or the daily living component of personal independence payment] F536 ....

Textual Amendments

F535 Words in Sch. 7 para. 10 substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(9)(b)

F536 Words in Sch. 7 para. 10 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(a)

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

[F537 12.— (1) Any payment—

(a) by way of an education maintenance allowance made pursuant to—

(i) regulations made under section 518 of the Education Act 1996;

(ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

(iii) [F538 directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; F539 ...]

(b) corresponding to such an education maintenance allowance, made pursuant to—

(i) section 14 or section 181 of the Education Act 2002; or

(ii) regulations made under section 181 of that Act[F540 ; or

(c) in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.]

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

(a) regulations made under section 518 of the Education Act 1996;

(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

(c) [F541 directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,]

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance [F542 or other payment] made pursuant to any provision specified in sub-paragraph (1).]

Textual Amendments

F537 Sch. 7 para. 12 substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 6(3)

F538 Sch. 7 para. 12(1)(a)(iii) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(c)(i)

F539 Word in Sch. 7 para. 12(1)(a)(iii) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(14)(a)

F540 Sch. 7 para. 12(1)(c) and word added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(14)(b)

F541 Sch. 7 para. 12(2)(c) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(c)(ii)

F542 Words in Sch. 7 para. 12(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(14)(c)

[F543 12A.   Any payment made to the claimant by way of repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.]

Textual Amendments

F543 Sch. 7 para. 12A inserted (14.10.2002) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 3(b)

13.  In the case of a claimant to whom regulation 11 (part-time students) applies, any sums intended for any expenditure specified in paragraph (2) of regulation 131 (calculation of grant income) necessary as a result of his attendance on his course.

[F544 14.— (1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment—

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit[F545 , severe disablement allowance or employment and support allowance];

(b) of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.]

Textual Amendments

F544 Sch. 7 para. 14 substituted (1.4.2004) by The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(a)

F545 Words in Sch. 7 para. 14(1)(a) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(28)(b)

15.— [F546 (1) Subject to sub-paragraph (3) and paragraph 41, any relevant payment made or due to be made at regular intervals.]

F547 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F548 Sub-paragraph (1)] shall not apply–

(a) to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;

(b) to a payment made–

(i) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes); or

(ii) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute.

F547 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F547 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F549 (5A) In this paragraph, “relevant payment” means—

(a) a charitable payment;

(b) a voluntary payment;

(c) a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;

(d) a payment under an annuity purchased—

(i) pursuant to any agreement or court order to make payments to the claimant; or

(ii) from funds derived from a payment made,

in consequence of any personal injury to the claimant; or

(e) a payment (not falling within sub-paragraphs (a) to (d) above) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.]

F550 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F546 Sch. 7 para. 15(1) substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(a)(i)

F547 Sch. 7 para. 15(2)(4)(5) omitted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(a)(iii)

F548 Words in Sch. 7 para. 15(3) substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(a)(ii)

F549 Sch. 7 para. 15(5A) added (28.10.2002) by The Social Security Amendment (Personal Injury Payments) Regulations 2002 (S.I. 2002/2442), regs. 1(1), 3(1)(d)(2)(d)

F550 Sch. 7 para. 15(6) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(b)(ii)

F551 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F551 Sch. 7 para. 16 omitted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(b)

F552 16A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F552 Sch. 7 para. 16A omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(d)

[F553 17.   Subject to paragraphs 38 and 39, £10 of any of the following, namely—

(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 9 or 10);

(b) a war widow’s pension or war widower’s pension;

(c) a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d) a guaranteed income payment and, if the amount of that payment has been abated to less than £10 by a [F554 pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005], so much of [F555 that pension or payment] as would not, in aggregate with the amount of [F556 any] guaranteed income payment disregarded, exceed £10;

(e) a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;

(f) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d) above;

[F557 (g) a pension paid by a government to victims of National Socialist persecution;]

(h) any widowed mother’s allowance paid pursuant to section 37 of the Benefits Act;

(i) any widowed parent’s allowance paid pursuant to section 39A of the Benefits Act.] 

Textual Amendments

F553 Sch. 7 para. 17 substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 3(10)(d)

F554 Words in Sch. 7 para. 17(d) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(15)(b)(i)

F555 Words in Sch. 7 para. 17(d) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(15)(b)(ii)

F556 Word in Sch. 7 para. 17(d) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(15)(b)(iii)

F557 Sch. 7 para. 17(g) substituted (20.3.2017) by The Social Security (Income-Related Benefits) Amendment Regulations 2017 (S.I. 2017/174), regs. 1, 3

18.  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 per cent. 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 accommodation 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 369 of the Income and Corporation Taxes Act 1988 F558 (mortgage interest payable under deduction of tax) 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 applicable percentage of income tax within the meaning of section 369(1A) of that Act;

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

Textual Amendments

F558 1988 c.1; subsection (1A) was inserted by the Finance Act 1994 (c.9), section 81(3).

19.  Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 20 or 21 refers.

20.  Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

[F559 (a) where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b) where the aggregate of any such payments is £20 or more per week, £20.]

Textual Amendments

F559 Sch. 7 para. 20(a)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(2), 8(15)

21.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

(a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100% of such payments; or

(b) where the aggregate of any such payments exceeds £20, £20 and 50% of the excess over £20.

22.—(1)  [F560 Subject to sub-paragraphs (2) and (3) ], except where [F561 regulation 103(6)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or] regulation 105(10)(a)(i) (notional income) applies or in the case of a payment made—

(a) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes); or

(b) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute,

any income in kind.

(2) The exceptions under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust [F562 , MFET Limited] [F563 , the Skipton Fund, the Caxton Foundation ][F564 , the Scottish Infected Blood Support Scheme] [F565 , an approved blood scheme] [F566 , the London Emergencies Trust, the We Love Manchester Emergency Fund] or the Independent Living [F567 Fund (2006)].

[F568 (3) The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.]

[F569 (4) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.]

Textual Amendments

F560 Words in Sch. 7 para. 22(1) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), reg. 4(9)(a)

F561 Words in Sch. 7 para. 22(1) added (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(9)(b)

F562 Words in Sch. 7 para. 22(2) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(f)

F563 Words in Sch. 7 para. 22(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)

F564 Words in Sch. 7 para. 22(2) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(e)

F565 Words in Sch. 7 para. 22(2) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(e)

F566 Words in Sch. 7 para. 22(2) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(e)

F567 Words in Sch. 7 para. 22(2) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(e)

F568 Sch. 7 para. 22(3) added (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(9)(c)

F569 Sch. 7 para. 22(4) added (3.10.2005) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(2), 3(8)(a)

23.—(1) Any income derived from capital to which the claimant is, or is treated under regulation 115 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income [F570 derived] from capital disregarded under paragraph 1, 2, 4 to 8, 11 or 17 of Schedule 8.

(2) Income derived from capital disregarded under paragraph 2 or 4 to 8 of Schedule 8 but only to the extent of—

(a) any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or

(b) any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.

(3) The definition of “water charges" in regulation 1(3) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home".

Textual Amendments

F570 Word in Sch. 7 para. 23(1) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

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

25.  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.

26.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—

(a) [F571 pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance] with a scheme approved by the [F572 Scottish Ministers under section 51A] of the Adoption (Scotland) Act 1978 F573 (schemes for payment of allowances to adopters) [F574 or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)];

F575 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F576 (ba) which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);]

(c) which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 F577 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a [F578 child arrangements] order);

[F579 (d) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);]

[F580 (e) in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);]

[F581 to the extent specified in sub-paragraph (2)].

[F582 (1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.]

(2) [F583 In the case of a child or young person–

(a) to whom regulation 106(5) (capital in excess of £3,000) applies, the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.]

Textual Amendments

F571 Words in Sch. 7 para. 26(1)(a) substituted (30.12.2005) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(3)(b), 3(8)(b)

F572 Words in Sch. 7 para. 26(1)(a) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(e)(i)

F573 1978 c.28.

F574 Words in Sch. 7 para. 26(1)(a) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 19(3)

F575 Sch. 7 para. 26(1)(b) omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(e)(ii)

F576 Sch. 7 para. 26(1)(ba) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(15)(c)

F577 1989 c.41.

F578 Words in Sch. 7 para. 26(1)(c) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 6

F579 Sch. 7 para. 26(1)(d) added (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 7(1)(2)(e)

F580 Sch. 7 para. 26(1)(e) added (4.10.2004) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 (S.I. 2004/2308), regs. 1(1), 4(3)(4)(b)

F581 Words in Sch. 7 para. 26(1) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 23(c)

F582 Sch. 7 para. 26(1A) substituted (30.12.2005) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(3)(b), 3(8)(c)

F583 Sch. 7 para. 26(2) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 23(c)

[F584 26A.   In the case of a claimant who has a child or young person–

(a) who is a member of his family, and

(b) who is residing at an educational establishment at which he is receiving relevant education,

any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.]

Textual Amendments

F584 Sch. 7 para. 26A inserted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 23(d)

[F585 27.   Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

[F586 (i) section 22C(2) of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained),]

[F587 (ia) section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),]

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).]

Textual Amendments

F585 Sch. 7 para. 27 substituted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(5)(b)

F586 Sch. 7 para. 27(a)(i) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 22(3)

F587 Sch. 7 para. 27(a)(ia) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(a)

[F588 28.   Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—.

(a) a health authority;

(b) a local authority [F589 but excluding payments of housing benefit made in respect of the person concerned];

(c) a voluntary organisation; or

(d) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 F590 ...

[F591 (dza) the person concerned where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);]

[F592 (dzb) the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);]

[F593 (da) a clinical commissioning group established under section 14D of National Health Service Act 2006;

(db) the National Health Service Commissioning Board; or]

F594 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F595 (f) a Local Health Board established under section 16BA of the National Health Service Act 1977 or established by an order made under section 11 of the Health Service (Wales) Act.]]

Textual Amendments

F588 Sch. 7 para. 28 substituted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 7(3)(4)(f)

F589 Words in Sch. 7 para. 28(b) added (4.4.2005) by The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 6(5)(b)

F590 Word in Sch. 7 para. 28(d) omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(f)(i)

F591 Sch. 7 para. 28(dza) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(a) (with art. 4)

F592 Sch. 7 para. 28(dzb) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(b)

F593 Sch. 7 para. 28(da)(db) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 27(3)(a)

F594 Sch. 7 para. 28(e) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 27(3)(b)

F595 Sch. 7 para. 28(f) inserted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(f)(iii)

[F596 28A.   Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).]

Textual Amendments

F596 Sch. 7 para. 28A inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 3(3)

[F597 29.— (1) Any payment made by a local authority in accordance with—

(a) section 17, 23B, 23C or 24A of the Children Act 1989,

(b) section 12 of the Social Work (Scotland) Act 1968, F598 ...

(c) section [F599 22,] [F600 26A, 29] or 30 of the Children (Scotland) Act [F601 1995, or

(d) the following sections of the Social Services and Well-being (Wales) Act 2014—

(aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

(bb) section 109, 110, 114 or 115.]

(2) Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section [F602 22][F603 , 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons)] to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).

(5) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant’s care, and

[F604 (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and]

(c) continues to live with the claimant.]

Textual Amendments

F597 Sch. 7 para. 29 substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), reg. 4(16)(a)

F598 Word in Sch. 7 para. 29(1)(b) omitted (3.11.2017) by virtue of The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(c)(i)

F599 Word in Sch. 7 para. 29(1)(c) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(5)(c)(i)

F600 Words in Sch. 7 para. 29(1)(c) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 3(2)(a)

F601 Words in Sch. 7 para. 29(1)(c) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(c)(ii)

F602 Words in Sch. 7 para. 29(2)(c) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 4(5)(c)(ii)

F603 Words in Sch. 7 para. 29(2) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 3(2)(b)

F604 Sch. 7 para. 29(5)(b) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 3(2)(c)

[F605 30.   Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.]

Textual Amendments

F605 Sch. 7 para. 30 substituted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(i) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))

31.—(1) Except where paragraph 30 [F606 or 31A] applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—

(a) any payment due on a loan if secured on the dwelling occupied as the home which does not qualify [F607 under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations];

[F608 (b) any charge which qualifies in accordance with paragraph 16 of Schedule 2 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);]

(c) any payment due on a loan which qualifies [F609 under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations] attributable to the payment of capital;

(d) any amount due by way of premiums on–

(i) an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above, or

(ii) an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home;

(e) his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge [F610 exceeds] the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 F611 [F612 or Part 1 of the Care Act 2014 (care and support)] [F613 or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act].

(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

[F614 (3) In this paragraph—

(a) “Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations 2017;

(b) “loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.]

Textual Amendments

F606 Words in Sch. 7 para. 31(1) inserted (1.6.1998 for specified purposes) by The Social Security (Miscellaneous Amendments) (No.3) Regulations 1998 (S.I. 1998/1173), regs. 1(5), 5(a)

F607 Words in Sch. 7 para. 31(1)(a) substituted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(aa) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))

F608 Sch. 7 para. 31(1)(b) substituted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(bb) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))

F609 Words in Sch. 7 para. 31(1)(c) substituted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(cc) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))

F610 Word in Sch. 7 para. 31(1)(e) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(e)

F611 1948 c.29.

F612 Words in Sch. 7 para. 31(1)(e) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(b) (with art. 4)

F613 Words in Sch. 7 para. 31(1)(e) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(d)

F614 Sch. 7 para. 31(3) inserted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(dd) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))

[F615 31A.— (1) Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 30, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.

(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—

(a) maintain the repayments referred to in sub-paragraph (1); and

(b) meet any amount due by way of premiums on that policy.]

Textual Amendments

F615 Sch. 7 para. 31A inserted (1.6.1998 for specified purposes) by The Social Security (Miscellaneous Amendments) (No.3) Regulations 1998 (S.I. 1998/1173), regs. 1(5), 5(b)

32.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant [F616 residing in a care home, an Abbeyfield Home or an independent hospital], any payment, [F617 except a charitable or voluntary payment disregarded under paragraph 15] F618 ..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home [F619 or hospital].

(2) This paragraph shall not apply to a claimant for whom accommodation in a [F620 care home, an Abbeyfield Home or an independent hospital] is provided by

[F621 (a) a local authority under section 26 of the National Assistance Act 1948 or section 59 of the Social Work (Scotland) Act 1968F622 ....] [F623 or

(b) a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support) [F624 or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and powers to meet care and support needs of an adult)].]

(3) The amount to be disregarded under this paragraph shall not exceed the difference between—

[F625 (a) the claimant’s applicable amount; and]

(b) the weekly charge for the accommodation.

Textual Amendments

F616 Words in Sch. 7 para. 32(1) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 14(b)(i)

F617 Words in Sch. 7 para. 32(1) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(11)

F618 Words in Sch. 7 para. 32(1) omitted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(d)

F619 Words in Sch. 7 para. 32(1) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 14(b)(i)

F620 Words in Sch. 7 para. 32(2) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 14(b)(ii)

F621 Words in Sch. 7 para. 32(2)(a) renumbered as Sch. 7 para. 32(2)(a) (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(c)(i) (with art. 4)

F622 Words in Sch. 7 para. 32(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(f)(i)

F623 Sch. 7 para. 32(2)(b) and word inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(c)(ii) (with art. 4)

F624 Words in Sch. 7 para. 32(2)(b) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(e)

F625 Sch. 7 para. 32(3)(a) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(f)(ii)

33.  Any social fund payment made pursuant to Part VIII of the Benefits Act.

[F626 33A.   Any local welfare provision.]

Textual Amendments

F626 Sch. 7 para. 33A inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(12)(a)

34.  Any payment of income which under regulation 110 (income treated as capital) is to be treated as capital.

35.  Any payment under Part X of the Benefits Act (pensioner’s Christmas bonus).

36.  In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), any payment up to the amount of the prescribed sum within the meaning of section 15(2)(d) made by a trade union.

37.  Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

38.  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 88(4) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulations 132(2)(b) and 133(1)(c) (calculation of covenant income where a contribution assessed), regulation 136(2) (treatment of student loans) [F627 , regulation 136A(3) (treatment of payments from access funds)] and [F628 paragraph 17] shall in no case exceed £20 per [F629 benefit week].

Textual Amendments

F627 Words in Sch. 7 para. 38 inserted (for specified purposes and with effect in accordance with reg. 1(bi) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(10)

F628 Words in Sch. 7 para. 38 substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(e)

F629 Words in Sch. 7 para. 38 substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(16)

39.  Notwithstanding paragraph 38, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 96(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.

F630 40.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F630 Sch. 7 para. 40 omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(g)

41.—(1) Any payment made under [F631 or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust (“the Trusts") [F632 , MFET Limited] [F633 , the Skipton Fund, the Caxton Foundation] [F634 , the Scottish Infected Blood Support Scheme] [F635 , an approved blood scheme] [F636 , the London Emergencies Trust, the We Love Manchester Emergency Fund] or the Independent Living [F637 Fund (2006)].

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under [F631 or by] any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced [F638 or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death];

(b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced [F639 or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death], which derives from a payment made under [F631 or by] any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a) the person who is suffering from haemophilia or who is a qualifying person;

(b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from the payment under [F631 or by] any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person has no partner or former partner from whom he is not estranged or divorced [F640 or with whom he has formed a civil partnership that has not been dissolved], nor any child or young person who is or had been a member of that person’s family; and

(b) the payment is made either–

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under [F631 or by] any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced [F641 or with whom he had formed a civil partnership that had not been dissolved], nor any child or young person who was or had been a member of his family; and

(b) the payment is made either–

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.

[F642 (7) For the purposes of paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Skipton Fund [F643 , the Caxton Foundation [F644 , the Scottish Infected Blood Support Scheme [F645 , an approved blood scheme] [F646 , the London Emergencies Trust, the We Love Manchester Emergency Fund]]] [F647 , MFET Limited] [F648 and the London Bombings Relief Charitable Fund].]

Textual Amendments

F631 Words in Sch. 7 para. 41(1)-(5) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(8)(e)

F632 Words in Sch. 7 para. 41(1) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(12)(a)

F633 Words in Sch. 7 para. 41(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)

F634 Words in Sch. 7 para. 41(1) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(e)

F635 Words in Sch. 7 para. 41(1) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(e)

F636 Words in Sch. 7 para. 41(1) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(e)

F637 Words in Sch. 7 para. 41(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(e)

F638 Words in Sch. 7 para. 41(2)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(12)(a)(i) (with art. 3)

F639 Words in Sch. 7 para. 41(3) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(12)(a)(ii) (with art. 3)

F640 Words in Sch. 7 para. 41(4)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(12)(a)(iii) (with art. 3)

F641 Words in Sch. 7 para. 41(5)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(12)(a)(iv) (with art. 3)

F642 Sch. 7 para. 41(7) added (4.10.2004) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 (S.I. 2004/2308), regs. 1(1), 3(5)

F643 Words in Sch. 7 para. 41(7) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(10)

F644 Words in Sch. 7 para. 41(7) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(e)

F645 Words in Sch. 7 para. 41(7) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(e)

F646 Words in Sch. 7 para. 41(7) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(e)

F647 Words in Sch. 7 para. 41(7) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(12)(b)

F648 Words in Sch. 7 para. 41(7) added (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 5(4)

42.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

43.  Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the [F649 benefit Acts].

Textual Amendments

F649 Words in Sch. 7 para. 43 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(h)

F650 44.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F650 Sch. 7 para. 44 omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(11)

[F651 45.   Any payment in consequence of a reduction of council tax under section 13[F652 , 13A] or 80 of the Local Government Finance Act 1992 (reduction in liability for council tax).]

Textual Amendments

F651 Sch. 7 para. 45 substituted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(16)(b)

F652 Word in Sch. 7 para. 45 inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(12)(b)

F653 46.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F653 Sch. 7 para. 46 omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(i)

[F654 47.— (1) Any payment or repayment made—

(a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

(b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);

(c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies).

(2) Any payment or repayment made by the Secretary of State for Health, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).]

Textual Amendments

F654 Sch. 7 para. 47-48 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(j)

[F654 48.   Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).]

Textual Amendments

F654 Sch. 7 para. 47-48 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(j)

49.  Any payment made either by the Secretary of State for [F655 Justice] or by the [F656 Scottish Ministers] under a scheme established to assist relatives and other persons to visit persons in custody.

Textual Amendments

F655 Word in Sch. 7 para. 49 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 1(2), Sch. para. 16(2)

F656 Words in Sch. 7 para. 49 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(k)

50.  Any payment (other than a training allowance) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 F657 F658 ... to assist disabled persons to obtain or retain employment despite their disability.

Textual Amendments

F657 1944 c.10.

F658 Words in Sch. 7 para. 50 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(b)

F659 51.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F659 Sch. 7 para. 51 revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1

[F660 52.— (1) ) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

(2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.]

Textual Amendments

F660 Sch. 7 para. 52-53 substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 3(10)(l)

[F660 53.   Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.]

Textual Amendments

F660 Sch. 7 para. 52-53 substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 3(10)(l)

54.  In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983F661 (pensions to [F662 widows, widowers or surviving civil partners]), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

Textual Amendments

F661 S.I. 1983/686; relevant amending instruments are S.I. 1994/715 and 2021.

F662 Words in Sch. 7 para. 54 substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(12)(c) (with art. 3)

55.—(1) Any payment which is–

(a) made under any of the Dispensing Instruments to a [F663 widow, widower or surviving civil partner] of a person–

(i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

(ii) whose service in such capacity terminated before 31st March 1973; and

[F664 (b) equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.]

(2) In this paragraph “the Dispensing Instruments" means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances)F665 .

Textual Amendments

F663 Words in Sch. 7 para. 55(1)(a) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(12)(d)(i) (with art. 3)

F664 Sch. 7 para. 55(1)(b) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(m)

F665 Copies of the Dispensing Instruments are available from the Department of Social Security, 6th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.

[F666 56.   Any payment made F667 ... [F668 as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013] [F669 , or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) [F670 or under sections 31 to 33 of the Care Act 2014 (direct payments),]] [F671 or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)] [F672 or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)] [F673 or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)].

Textual Amendments

F666 Sch. 7 paras. 56-59 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(b)

F667 Words in Sch. 7 para. 56 omitted (6.4.2009) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(12)

F668 Words in Sch. 7 para. 56 substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014 (S.I. 2014/513), art. 1(2), Sch. para. 5(a) (with art. 3)

F669 Words in Sch. 7 para. 56 inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(13)

F670 Words in Sch. 7 para. 56 inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(d) (with art. 4)

F671 Words in Sch. 7 para. 56 inserted (W.) (1.11.2004) by The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 (S.I. 2004/1748), reg. 1(b), Sch. 2 para. 2

F672 Words in Sch. 7 para. 56 inserted (E.) (8.4.2003) by The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 (S.I. 2003/762), regs. 1(1), 11(2), Sch. 2

F673 Words in Sch. 7 para. 56 inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(f)

F674 57.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F666 Sch. 7 paras. 56-59 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(b)

F674 Sch. 7 para. 57 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

F675 58.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F666 Sch. 7 paras. 56-59 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(b)

F675 Sch. 7 para. 58 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

59.— (1) Any payment specified in sub-paragraph (2) to a claimant who was formerly a full-time student and who has completed the course in respect of which those payments were made.

(2) The payments specified for the purposes of sub-paragraph (1) are—

(a) any grant income and covenant income as defined for the purposes of Chapter IX of Part VIII;

[F676 (b) any student loan as defined in Chapter IX of Part VIII;]

(c) any contribution as defined in Chapter IX of Part VIII which—

(i) is taken into account in ascertaining the amount of a student loan referred to in head (b); and

(ii) has been paid.]

Textual Amendments

F666 Sch. 7 paras. 56-59 added (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 2(4)(b)

F676 Sch. 7 para. 59(2)(b)(c) substituted for para. 59(2)(b) (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(8)

F677 60.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F677 Sch. 7 para. 60 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

F678 60A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F678 Sch. 7 para. 60A omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

F679 61.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F679 Sch. 7 para. 61 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

[F680 62.— (1) Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under [F681 the self-employment route], any payment to that person—

(a) to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

(b) which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

(2) Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII.]

Textual Amendments

F680 Sch. 7 para. 62 added (1.6.1998) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 (S.I. 1998/1174), regs. 1(1), 4(b)

F681 Words in Sch. 7 para. 62(1) substituted (27.11.2000) by The Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 (S.I. 2000/2910), reg. 4(2)(d)(i)

Modifications etc. (not altering text)

C46 Sch. 7 para. 62 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 18(2)(3) (with regs. 1(2), 11, 19)

C47 Sch. 7 para. 62 modified (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 18(2)(3)(f)

F682 63.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F682 Sch. 7 para. 63 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

[F683 64.   Any payment [F684 made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the provision of accommodation or welfare services to which Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers,] [F685 or the provision of care and support under Part 1 of the Care Act 2014,] [F686 or the provision of care and support under Part 4 of the Social Services and Well-being (Wales) Act 2014,] which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person [F687 residing in a care home, an Abbeyfield Home or an independent hospital]).]

Textual Amendments

F683 Sch. 7 para. 64 added (24.9.1998) by The Social Security Amendment (New Deal) (No.2) Regulations 1998 (S.I. 1998/2117), regs. 1(1), 6(1)

F684 Words in Sch. 7 para. 64 inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(15)(d)

F685 Words in Sch. 7 para. 64 inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(e) (with art. 4)

F686 Words in Sch. 7 para. 64 inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(g)

F687 Words in Sch. 7 para. 64 substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 14(c)

[F688 65.   Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations.]

Textual Amendments

F688 Sch. 7 para. 65 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 16 (with regs. 1(2), 11, 19)

[F689 66.   Any top-up payment made to a person (“the participant”) pursuant to—

(a) section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations (“the intensive activity period”); or

(b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.]

Textual Amendments

F689 Sch. 7 para. 66 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 16 (with regs. 1(2), 11, 19)

[F690 67.— (1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs)F691 ..., of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of sub-paragraph (2)—

“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.]

Textual Amendments

F690 Sch. 7 para. 67 added (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 7(4)

F691 Words in Sch. 7 para. 67(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(h)

[F692 68.   Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.

Textual Amendments

F692 Sch. 7 paras. 68, 69 added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 3(3)(b)

69.   In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise.]

Textual Amendments

F692 Sch. 7 paras. 68, 69 added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 3(3)(b)

[F693 70.— (1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2) In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—

(a)

the Child Support Act 1991;

(b)

the Child Support (Northern Ireland) Order 1991;

(c)

a court order;

(d)

a consent order;

(e)

a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

“liable relative” means a person listed in regulation 117 (interpretation) other than a person falling within sub-paragraph (d) of that definition.]

Textual Amendments

F693 Sch. 7 para. 70 substituted (for specified purposes and with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(6)(b), 4(15)(e)

[F694 71.   Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.]

Textual Amendments

F694 Sch. 7 para. 71 added (2.7.2001) by The Social Security Amendment (Discretionary Housing Payments) Regulations 2001 (S.I. 2001/2333), regs. 1(1), 2(1)(d)

[F695 72.— [F696 (1) Any payment made by a local authority, or by the [F697 Welsh Ministers], to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.]

(2) For the purposes of sub-paragraph (1) “local authority” means–

(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council;

(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.]

Textual Amendments

F695 Sch. 7 para. 72 added (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(2)

F696 Sch. 7 para. 72(1) substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(4)(b)

F697 Words in Sch. 7 para. 72(1) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(n)

[F698 72A.   Armed forces independence payment.]

Textual Amendments

F698 Sch. 7 para. 72A inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(9)

F699 73.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F699 Sch. 7 para. 73 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

F700 74.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F700 Sch. 7 para. 74 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(3)(c)

[F701 75.   Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)]

Textual Amendments

F701 Sch. 7 para. 75 inserted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 4(1)

[F702 76.   Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(e) or 65 of Schedule 8.]

Textual Amendments

F702 Sch. 7 para. 76 inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 14(2)

Regulation 108(2)

SCHEDULE 8 CAPITAL TO BE DISREGARDED

Modifications etc. (not altering text)

C48 Sch. 8 modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 17

[F703 A2.   Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.]

Textual Amendments

F703 Sch. 8 para. A2 inserted (25.4.2011) by The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (S.I. 2011/688), regs. 1, 15(1)(d)(2)

F704 A3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F704 Sch. 8 para. A3 omitted (12.2.2013) by virtue of Jobseekers (Back to Work Schemes) Act 2013 (c. 17), ss. 1(14), 3(2) (with s. 1(10))

[F705 A3.   Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 but only for 52 weeks beginning with the date of receipt of the payment.]

Textual Amendments

F705 Sch. 8 para. A3 inserted (12.2.2013 at 6.45pm) by The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 (S.I. 2013/276), regs. 1, 12

[F706 A4.   Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed by regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.]

Textual Amendments

F706 Sch. 8 para. A4 inserted (temp. until 30.4.2015) (18.7.2014) by The Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014 (S.I. 2014/1913), regs. 1(1), 14

A5.   [F707 Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.]

Textual Amendments

F707 Sch. 8 para. A5 inserted (temp. until 24.11.2016) (25.11.2014) by The Jobseeker’s Allowance (18-21 Work Skills Pilot Scheme) Regulations 2014 (S.I. 2014/3117), regs. 1(1), 18(1)(c)(2)

1.  The dwelling occupied as the home but, notwithstanding regulation 88, (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

2.  Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

3.  Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale, or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4.  Any premises occupied in whole or in part by—

(a) a partner or relative of a single claimant or of any member of the family as his home where that person [F708 has attained the qualifying age for state pension credit] or is incapacitated;

(b) the former partner of a claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced [F709 or with whom he formed a civil partnership that has been dissolved].

Textual Amendments

F708 Words in Sch. 8 para. 4(a) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 17(2)

F709 Words in Sch. 8 para. 4(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(a) (with art. 3)

5.  Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from [F710 or dissolution of a civil partnership with] his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling [F711 or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied].

Textual Amendments

F710 Words in Sch. 8 para. 5 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(b) (with art. 3)

F711 Words in Sch. 8 para. 5 added (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(3)(a)

6.  Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

7.  Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings, whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

8.  Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.

9.  Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 F712 or section 66 of the Housing (Scotland) Act 1988 F713 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—

(a) to purchase premises intended for occupation as his home; or

(b) to carry out repairs or alterations which are required to render premises fit for occupation as his home,

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home,

Textual Amendments

F712 1988 c.50; section 129 was amended by the Local Government and Housing Act 1989 (c.42), section 194 and Schedule 12.

F713 1988 c.43.

10.  Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

11.—(1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

(2) The assets of any business owned in whole or in part by the claimant where–

(a) he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

(b) he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business,

for a period of 26 weeks from the date on which the claim for a jobseeker’s allowance is made, or is treated as made, or if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.

[F714 (3) In the case of a person who is receiving assistance under [F715 the self-employment route], the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

(4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.]

Textual Amendments

F714 Sch. 8 para. 11(3)(4) added (1.6.1998) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 (S.I. 1998/1174), regs. 1(1), 5(a)

F715 Words in Sch. 8 para. 11(3) substituted (27.11.2000) by The Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 (S.I. 2000/2910), reg. 4(2)(d)(ii)

Modifications etc. (not altering text)

C49 Sch. 8 para. 11 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 18(2)(3) (with regs. 1(2), 11, 19)

12.   [F716 —(1) Subject to sub-paragraph (2),] any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

(a) any payment specified in paragraph 7, 9 or 10 of Schedule 7 (other income to be disregarded);

(b) [F717 an income-based jobseeker’s] allowance or an income-related benefit under Part VII of the Benefits Act [F718 , F719 ... child tax credit, working tax credit [F720 , universal credit] [F721 or an income-related employment and support allowance]];

F722 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F723 (d) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,]

[F724 (e) bereavement support payment under section 30 of the Pensions Act 2014,]

but only for a period of 52 weeks from the date of receipt of the arrears or the concessionary payment.

[F725 (2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(a) paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, and

(b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-based jobseeker’s allowance, for the remainder of that award if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the award of an income-based jobseeker’s allowance” means—

(a) the award either of an income-based jobseeker’s allowance [F726 , income support or of an income-related employment and support allowance] in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b) where that award is followed by one or more further awards which in each case may be either of an income-based jobseeker’s allowance [F726 , income support or of an income-related employment and support allowance] and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

(i) is the person who received the relevant sum, or

(ii) is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or

(iii) in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.]

Textual Amendments

F716 Words in Sch. 8 para. 12 inserted (14.10.2002) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 3(c)

F717 Words in Sch. 8 para. 12(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 3(11)(a)

F718 Words in Sch. 8 para. 12(b) inserted (for specified purposes and with effect in accordance with reg. 1(9) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 24(a)

F719 Words in Sch. 8 para. 12(1)(b) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(17)(a)

F720 Words in Sch. 8 para. 12(1)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(9)

F721 Words in Sch. 8 para. 12(1)(b) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(29)(a)

F722 Sch. 8 para. 12(1)(c) omitted (4.4.2005) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 6(6)

F723 Sch. 8 para. 12(d) added (2.7.2001) by The Social Security Amendment (Discretionary Housing Payments) Regulations 2001 (S.I. 2001/2333), regs. 1(1), 2(2)(d)

F724 Sch. 8 para. 12(1)(e) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 14(3)(a)

F725 Sch. 8 para. 12(2)(3) added (14.10.2002) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 3(c)

F726 Words in Sch. 8 para. 12(3) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(29)(b)

13.  Any sum—

(a) paid to the claimant in consequence of damage to, or loss of, the home or any personal possession and intended for its repair or replacement; or

(b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,

and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

14.  Any sum—

(a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 F727 as a condition of occupying the home;

(b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

Textual Amendments

F727 1985 c.69.

15.  Any personal possessions except those which have or had been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to a jobseeker’s allowance or to income support or to increase the amount of those benefits.

16.  The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.

17.  Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant [F728 or the claimant’s partner], the value of the trust fund and the value of the right to receive any payment under that trust.

Textual Amendments

F728 Words in Sch. 8 para. 17 inserted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(13)(a)

[F729 17A.— (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).]

Textual Amendments

F729 Sch. 8 para. 17A inserted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(13)(b)

18.  The value of the right to receive any income under a life interest or from a liferent.

19.  The value of the right to receive any income which is disregarded under paragraph 14 of Schedule 6 or paragraph 24 of Schedule 7 (earnings or other income payable in a country outside the United Kingdom).

20.  The surrender value of any policy of life insurance.

21.  Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

[F730 22.— (1) Any payment made by a local authority in accordance with—

(a) section 17, 23B, 23C or 24A of the Children Act 1989,

(b) section 12 of the Social Work (Scotland) Act 1968, F731 ...

(c) section [F732 26A,] 29 or 30 of the Children (Scotland) Act [F733 1995, or

(d) the following sections of the Social Services and Well-being (Wales) Act 2014—

(aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

(bb) section 109, 110, 114 or 115.]

(2) Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 [F734 or section 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons)] to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).

(5) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant’s care, and

[F735 (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and]

(c) continues to live with the claimant.]

Textual Amendments

F730 Sch. 8 para. 22 substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), reg. 4(17)(b)

F731 Word in Sch. 8 para. 22(1)(b) omitted (3.11.2017) by virtue of The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(8)(a)(i)

F732 Word in Sch. 8 para. 22(1)(c) inserted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 3(3)(a)

F733 Words in Sch. 8 para. 22(1)(c) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(8)(a)(ii)

F734 Words in Sch. 8 para. 22(2) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 3(3)(b)

F735 Sch. 8 para. 22(5)(b) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 3(3)(c)

23.  Any social fund payment made pursuant to Part VIII of the Benefits Act.

[F736 23A.   Any local welfare provision.]

Textual Amendments

F736 Sch. 8 para. 23A inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(13)(a)

24.  Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988 F737 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.

Textual Amendments

F737 1988 c.1; section 369 was amended by the Finance Act 1993 (c.34), section 58 and the Finance Act 1994 (c.9), section 81.

25.  Any capital which under regulation 104 [F738 , 106(1)] or 136 (capital treated as income[F738 , modifications in respect of children and young persons] and treatment of student loans) is to be treated as income.

Textual Amendments

F738 Words in Sch. 8 para. 25 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 24(b)

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

27.—(1) Any payment made under [F739 or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust [F740 , MFET Limited] [F741 , the Skipton Fund] [F742 , the Caxton Foundation ][F743 , the Scottish Infected Blood Support Scheme ][F744 , an approved blood scheme] [F745 , the London Emergencies Trust, the We Love Manchester Emergency Fund] [F746 , the London Bombings Relief Charitable Fund] (“the Trusts") or the Independent Living [F747 Fund (2006)].

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under [F739 or by] any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a) that person’s partner or former partner from whom he is not, or where that person had died was not, estranged or divorced [F748 or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death];

(b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced [F749 or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death], which derives from a payment made under [F739 or by] any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of

(a) the person who is suffering from haemophilia or who is a qualifying person;

(b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment made under [F739 or by] any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person has no partner or former partner from whom he is not estranged or divorced [F750 or with whom he has formed a civil partnership that has not been dissolved], nor any child or young person who is or had been a member of that person’s family; and

(b) the payment is made either–

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of payment is a child, a young person or a student who has not completed his full-time education, and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment made under [F739 or by] any of the Trusts to which sub-paragraph (1) refers, where—

(a) that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced [F751 or with whom he had formed a civil partnership that had not been dissolved], nor any child or young person who was or had been a member of his family; and

(b) the payment is made either–

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

Textual Amendments

F739 Words in Sch. 8 para. 27(1)-(5) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(8)(f)

F740 Words in Sch. 8 para. 27(1) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(g)

F741 Words in Sch. 8 para. 27(1) inserted (12.5.2004) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (S.I. 2004/1141), regs. 1(1), 3(7)(8)(b)

F742 Words in Sch. 8 para. 27(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(10)

F743 Words in Sch. 8 para. 27(1) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(f)

F744 Words in Sch. 8 para. 27(1) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(f)

F745 Words in Sch. 8 para. 27(1) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(f)

F746 Words in Sch. 8 para. 27(1) inserted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 5(5)(a)

F747 Words in Sch. 8 para. 27(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(f)

F748 Words in Sch. 8 para. 27(2)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(c)(i) (with art. 3)

F749 Words in Sch. 8 para. 27(3) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(c)(ii) (with art. 3)

F750 Words in Sch. 8 para. 27(4)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(c)(iii) (with art. 3)

F751 Words in Sch. 8 para. 27(5)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(c)(iv) (with art. 3)

F752 27A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F752 Sch. 8 para. 27A omitted (12.12.2005) by virtue of The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 5(5)(b)

28.  The value of the right to receive an occupational or personal pension.

29.  The value of any funds held under a personal pension scheme.

30.  The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

31.  Any payment in kind made by a charity or under [F753 or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust [F754 , MFET Limited] [F755 , the Skipton Fund, the Caxton Foundation [F756 , the Scottish Infected Blood Support Scheme ][F757 , an approved blood scheme] or the Independent Living [F758 Fund (2006)].]

Textual Amendments

F753 Words in Sch. 8 para. 31 inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(8)(f)

F754 Words in Sch. 8 para. 31 inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(g)

F755 Words in Sch. 8 para. 31 inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)

F756 Words in Sch. 8 para. 31 inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(f)

F757 Words in Sch. 8 para. 31 inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(f)

F758 Words in Sch. 8 para. 31 substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(f)

[F759 32.   Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.]

Textual Amendments

F759 Sch. 8 para. 32 substituted (1.4.2004) by The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(a)

33.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

34.  Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the [F760 benefit Acts].

Textual Amendments

F760 Words in Sch. 8 para. 34 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(b)

35.  Any payment in consequence of a reduction of F761 ... council tax under section 13[F762 , 13A] or, as the case may be, section 80 of the Local Government Finance Act 1992 F763 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.

Textual Amendments

F761 Words in Sch. 8 para. 35 omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(17)(c)

F762 Word in Sch. 8 para. 35 inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(13)(b)

F763 1992 c.14.

[F764 36.— (1) Any payment or repayment made—

(a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

(b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);

(c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies),

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

(2) Any payment or repayment made by the Secretary of State for Health, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of receipt of the payment or repayment.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

[F764 37.   Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

[F765 37A.   Any payment made under Part 8A of the Benefits Act (entitlement to health in pregnancy grant).]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F765 Sch. 8 para. 37A inserted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), reg. 4(13)(a)

38.   Any payment made either by the Secretary of State for [F766 Justice] or by the [F767 Scottish Ministers] under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F766 Word in Sch. 8 para. 38 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 1(2), Sch. para. 16(3)

F767 Words in Sch. 8 para. 38 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(d)

39.   [F768 Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F768 Sch. 8 para. 39 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(e)

40.   Any payment (other than a training allowanceF769 ... made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 F770 F771 ... to assist disabled persons to obtain or retain employment despite their disability.

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F769 Words in Sch. 8 para. 40 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(b)(i)

F770 1944 c.10.

F771 Words in Sch. 8 para. 40 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(b)(ii)

41.   Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 F772 [F773 or under Part 4 of the Social Services and Well-being (Wales) Act 2014] to homeworkers assisted under the Blind Homeworkers Scheme.

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F772 1958 c.33.

F773 Words in Sch. 8 para. 41 inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(8)(b)

[F774 42.— (1) Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F774 Sch. 8 para. 42 substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(13)(c)

43.   Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under [F775 section 13 of the Children (Scotland) Act 1995]F776 , or under Rule 36.14 of the Ordinary Cause Rules 1993 F777 or under Rule 128 of the Ordinary Cause RulesF778 , where such sum derives from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents [F779 where the person concerned is under the age of 18].

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F775 Words in Sch. 8 para. 43 substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(5)(b)

F776 S.I. 1965/321.

F777 First Schedule to the Sheriff Courts (Scotland) Act 1907 (c.51) as substituted in respect of causes commenced on or after 1 January 1994 by S.I. 1993/1956.

F778 First Schedule to the aforesaid Act of 1907 as substituted by S.I. 1983/747.

F779 Words in Sch. 8 para. 43 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseekers Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(9)(b)(10)(f)

44.   Any payment to the claimant as holder of the Victoria Cross or George Cross.

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F780 45.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F780 Sch. 8 para. 45 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(c)

F781 45A.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F781 Sch. 8 para. 45A omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(c)

F782 46.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F782 Sch. 8 para. 46 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(c)

[F783 47.   In the case of a person who is receiving, or who has received, assistance under [F784 the self-employment route], any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F783 Sch. 8 para. 47 added (1.6.1998) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 (S.I. 1998/1174), regs. 1(1), 5(c)

F784 Words in Sch. 8 para. 47 substituted (27.11.2000) by The Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 (S.I. 2000/2910), reg. 4(2)(d)(ii)

Modifications etc. (not altering text)

C50 Sch. 8 para. 47 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 18(2)(3) (with regs. 1(2), 11, 19)

F785 48.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F785 Sch. 8 para. 48 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(c)

49.   [F786 Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations, but only for a period of 52 weeks from the date of receipt of the payment.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F786 Sch. 8 para. 49 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 17 (with regs. 1(2), 11, 19)

50.   [F787 Any top-up payment made to a person (“the participant”) pursuant to—

(a) section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations (“the intensive activity period”); or

(b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period

but only for the period of 52 weeks beginning on the date of receipt of the payment]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F787 Sch. 8 para. 50 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 17 (with regs. 1(2), 11, 19)

[F788 51.— (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs)F789 ..., of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of sub-paragraph (2)—

“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F788 Sch. 8 para. 51 added (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 7(5)

F789 Words in Sch. 8 para. 51(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 25

[F790 52.— (1) Any payment—

(a) by way of an education maintenance allowance made pursuant to—

(i) regulations made under section 518 of the Education Act 1996;

(ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

(iii) [F791 directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; F792 ...]

(b) corresponding to such an education maintenance allowance, made pursuant to—

(i) section 14 or section 181 of the Education Act 2002; or

(ii) regulations made under section 181 of that Act[F793 ; or

(c) in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.]

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

(a) regulations made under section 518 of the Education Act 1996;

(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

(c) [F794 directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,]

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance [F795 or other payment] made pursuant to any provision specified in sub-paragraph (1).]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F790 Sch. 8 para. 52 substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 6(4)

F791 Words in Sch. 8 para. 52(1)(a)(iii) substituted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(f)(i)

F792 Word in Sch. 8 para. 52(1)(a)(iii) omitted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(14)(a)

F793 Sch. 8 para. 52(1)(c) and word added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(14)(b)

F794 Words in Sch. 8 para. 52(2)(c) substituted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(f)(ii)

F795 Words in Sch. 8 para. 52(2) added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(14)(c)

[F796 53.   In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F796 Sch. 8 paras. 53, 54 added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 3(4)(b)

54.   Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F796 Sch. 8 paras. 53, 54 added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 3(4)(b)

[F797 55.   Any payment made to a person under regulation 11 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000, but only for a period of 52 weeks from the date of payment.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F797 Sch. 8 para. 55 added (3.4.2000) by The Social Security (Payments to Reduce Under-occupation) Regulations 2000 (S.I. 2000/637), regs. 1(2), 12(1)(2)(d) (with reg. 15)

[F798 56.   Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—

(a) the claimant;

(b) the claimant’s partner;

(c) the claimant’s deceased spouse [F799 or deceased civil partner]; or

(d) the claimant’s partner’s deceased spouse [F799 or deceased civil partner],

by the Japanese during the Second World War, £10,000.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F798 Sch. 8 para. 56 added (1.2.2001) by The Social Security Amendment (Capital Disregards) Regulations 2001 (S.I. 2001/22), regs. 1, 2(b)

F799 Words in Sch. 8 para. 56(c)(d) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(d) (with art. 3)

[F800 57.— (1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is—

(a) a diagnosed person;

(b) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

(c) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

(d) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.

(2) Where a trust payment is made to—

(a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

(b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;

(c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending—

(i) two years after that date; or

(ii) on the day before the day on which that person—

(aa) ceases receiving full-time education; or

(bb) attains the age of [F801 20],

whichever is the latest.

(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made, or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant’s family who is—

(a) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

(b) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

(c) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,

but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.

(4) Where a payment as referred to in sub-paragraph (3) is made to—

(a) a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;

(b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date;

(c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending—

(i) two years after that date; or

(ii) on the day before the day on which that person—

(aa) ceases receiving full-time education; or

(bb) attains the age of [F802 20],

whichever is the latest.

(5) In this paragraph, a reference to a person—

(a) being the diagnosed person’s partner;

(b) being a member of the diagnosed person’s family; or

(c) acting in the place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person [F803 residing in a care home, an Abbeyfield Home or an independent hospital] on that date.

(6) In this paragraph—

“diagnosed person" means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;

“relevant trust" means 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 provisions;

“trust payment" means a payment under a relevant trust.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F800 Sch. 8 para. 57 added (12.4.2001) by The Social Security Amendment (Capital Disregards and Recovery of Benefits) Regulations 2001 (S.I. 2001/1118), regs. 1, 2(1)

F801 Word in Sch. 8 para. 57(2)(c)(ii)(bb) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(11)

F802 Word in Sch. 8 para. 57(4)(c)(ii)(bb) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(11)

F803 Words in Sch. 8 para. 57(5) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 15

[F804 58.   The amount of a payment, other than a war pension F805 ..., to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse [F806 or deceased civil partner] or the claimant’s partner’s deceased spouse [F806 or deceased civil partner] —

(a) was a slave labourer or a forced labourer;

(b) had suffered property loss or had suffered personal injury; or

(c) was a parent of a child who had died,

during the Second World War.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F804 Sch. 8 para. 58 added (19.11.2001) by The Social Security Amendment (Capital Disregards) (No. 2) Regulations 2001 (S.I. 2001/3481), regs. 1, 2(d)

F805 Words in Sch. 8 para. 58 omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(g)

F806 Words in Sch. 8 para. 58 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(13)(e) (with art. 3)

[F807 59.— [F808 (1) Any payment made by a local authority, or by the [F809 Welsh Ministers], to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.]

(2) For the purposes of sub-paragraph (1) “local authority” means–

(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council;

(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F807 Sch. 8 para. 59 added (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(3)(b)

F808 Sch. 8 para. 59(1) substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(5)(c)

F809 Words in Sch. 8 para. 59(1) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(h)

[F810 60.   Any payment made under [F811 sections 31 to 33 of the Care Act 2014 (direct payments) or under] F812 ... regulations made under section 57 of the Health and Social Care Act 2001 or [F813 as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013] [F814 , or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)] [F815 , or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)].]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F810 Sch. 8 paras. 60-62 added (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(5)(d)

F811 Words in Sch. 8 para. 60 inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(4) (with art. 4)

F812 Words in Sch. 8 para. 60 omitted (6.4.2009) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(13)(b)

F813 Words in Sch. 8 para. 60 substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014 (S.I. 2014/513), art. 1(2), Sch. para. 5(b) (with art. 3)

F814 Words in Sch. 8 para. 60 inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(13)

F815 Words in Sch. 8 para. 60 inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(8)(c)

[F816 61.   Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F816 Sch. 8 para. 61 substituted (30.12.2005) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(3)(b), 3(9)

[F817 61A.   Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F817 Sch. 8 para. 61A inserted (4.10.2004) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 (S.I. 2004/2308), regs. 1(1), 4(7)

F818 62.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F818 Sch. 8 para. 62 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(c)

F819 63.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F764 Sch. 8 para. 36-37 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(11)(c)

F819 Sch. 8 para. 63 omitted (1.4.2004) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 5(4)(c)

[F820 64.   Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)]

Textual Amendments

F820 Sch. 8 para. 64 inserted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 4(2)

[F821 65.   Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.]

Textual Amendments

F821 Sch. 8 para. 65 inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 14(3)(b)

[F822 66.   Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.]

Textual Amendments

F822 Sch. 8 para. 66 added (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(5)

[F823 67.   Any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).]

Textual Amendments

F823 Sch. 8 para. 67 inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 3(4)