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3.—(1) Schedule 3 is amended as follows—
(a)after paragraph 4A insert—
“4B. Any amount of working tax credit or child tax credit paid to a relevant person.”;
(b)after paragraph 50 insert—
“50A. Where a member of the armed forces is—
(a)in receipt of retired pay or a pension under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006(1) and the retired pay or pension is in respect of disablement the degree of which is not less than eighty per cent(2); and
(b)in receipt of constant attendance allowance payable under article 8 of that Order,
any such retired pay, pension or constant attendance allowance paid to that member pursuant to that Order.
50B. Any guaranteed income payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(3) where the guaranteed income payment relates to an injury that falls within any of levels 1 to 6 of the tariff set out in any of Tables 1 to 9 in Schedule 4 to that Order.”.
(2) Schedule 4 is amended as follows—
(a)for paragraph 6 substitute—
“6. Where a relevant person—
(a)is in receipt of income support, income based job-seeker’s allowance, guarantee credit, housing benefit or council tax benefit; or
(b)is a member of a couple and the other member of that couple is in receipt of guarantee credit,
the whole of his capital.”;
(b)in paragraph 9 for sub-paragraph (f) substitute—
“(f)any working tax credit or child tax credit.”;
(c)after paragraph 66 insert—
“67. Any lump sum, additional multiple injury lump sum or additional lump sum paid pursuant to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 where the payment relates to an injury that falls within any of levels 1 to 6 of the tariff set out in any of Tables 1 to 9 in Schedule 4 to that Order.”.
S.I. 2006/606, amended by S.I. 2006/1455, S.I. 2007/909 and S.I. 2008/679.
Article 42 of, and Part 5 of Schedule 1 and paragraph 6 of Part 1 of Schedule 4 to, the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 defines the degree of disablement by reference to the injury or disablement sustained.
S.I. 2005/439. Relevant amending instruments are S.I. 2006/1438, S.I. 2008/39, S.I. 2008/2160 and S.I. 2008/2942.
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