Statutory Instruments
1987 No. 1967
SOCIAL SECURITY
The Income Support (General) Regulations 1987cross-notes
Made
20th November 1987
Coming into Force
11th April 1988
Whereas a draft of this instrument was laid before Parliament in accordance with section 83(3) of the Social Security Act 1986 and approved by resolution of each House of Parliament:
F1,F2Now, therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 20(1), (3)(d), (4), (9), (11) and (12), 22(1), (2), (4) and (5) to (9), 23(1), (3) and (5), 51(1)(n) and 84(1) of the Social Security Act 1986 and sections 114, 166(1) to (3A) of the Social Security Act 1975 and of all other powers enabling him in that behalf by this instrument, which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, hereby makes the following Regulations:
PART IGENERAL
Citation and commencementI1
1. These Regulations may be cited as the Income Support (General) Regulations 1987 and shall come into force on 11th April 1988.
Interpretationcross-notesI2
2.—(1) In these Regulations, unless the context otherwise requires—
[F3“the 2012 Act” means the Welfare Reform Act 2012;F3]
[F4“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;F4]
“the Act” means the Social Security Act 1986;
[F5“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;F5]
[F6“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;F6]
[F7“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;F7]
[F8“the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;F8]
[F9“armed forces independence payment’’ means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;F9]
“attendance allowance” means—
F10an attendance allowance under section 35 of the Social Security Act;
F11an increase of disablement pension under section 61 or 63 of that Act;
a payment under regulations made in exercise of the power conferred by section 159(3)(b) of that Act;
F12an increase of an allowance which is payable in respect of constant attendance under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975;
F13a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; or
any payment based on need for attendance which is paid as part of a war disablement pension;
[F14“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);F14]
[F15“the benefit Acts" means the Contributions and Benefits Act[F16, the Jobseekers Act 1995[F17, Part 1 of the Welfare Reform Act[F18, Part 4 of the 2012 Act and [F19Parts 1 and 5 of the Pensions Act 2014F19,F18,F17,F16]]]];F15]
F20“benefit week” has the meaning prescribed in paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987; [F21and for the purposes of calculating any payment of income and of regulation 74(2)(a) “benefit week” shall also mean the period of 7 days ending on the day before the first day of the first benefit week following the date of claim or the last day on which income support is paid if it is in payment for less than a week;F21]
[F22“board and lodging accommodation” means—
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;F22]
[F4“care home” in England F23... has the meaning assigned to it by section 3 of the Care Standards Act 2000, [F24in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or overF24] and in Scotland means a care home service within the meaning assigned to it by [F25paragraph2 of schedule12 to the Public Services Reform (Scotland) Act 2010F25];F4]
[F26“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;F26]
[F27“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;F27]
[F28“child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;F28]
[F29“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;F29]
[F30“the Children Order" means the Children (Northern Ireland) Order 1995;F30]
“claimant” means a person claiming income support;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, [F31or, if any of the preceding persons is one member of a couple, the other member of that coupleF31] ;
F32...
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit [F33or tax credits under the benefit Acts or the Tax Credits Act 2002F33] are charged;
[F34“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;F34]
[F35“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;F35]
[F36“the Contributions Regulations” means the Social Security (Contributions) Regulations 2001;F36]
[F37“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;F37]
“co-ownership scheme” means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;
[F38“couple” means—
two people who are married to, or civil partners of, each other and are members of the same household; or
two people who are not married to, or civil partners of, each other but are living together [F39as if they were a married couple or civil partnersF39];F38]
[F40“course of study" means any course of study, whether or not it is a sandwich course (within the meaning prescribed in regulation 61(1)) and whether or not a grant is made for attending or undertaking it;F40]
“Crown tenant” means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners [F41or a relevant personF41] ;
[F42“DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;F42]
[F43“date of claim” means the date on which the claimant makes, or is treated as making, a claim for income support for the purposes of regulation 6 of the Social Security (Claims and Payments) Regulations 1987;F43]
[F44“disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act;F44]
F45...
“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.
“earnings” has the meaning prescribed in regulation 35 or, as the case may be, 37;
F46...
“employed earner” shall be construed in accordance with section 2(1)(a) of the Social Security Act;
[F47“employment” except for the purposes of section 20(3)(d) of the Act, includes any trade, business, profession, office or vocation;F47]
F48...
[F49“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;F49]
F50...
[F51“employment zone” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme” means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;F51]
[F51“employment zone contractor” means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Education and Employment;F51]
[F52“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament [F53or the National Assembly for WalesF53];F52]
[F54“first year of training” means a period of one year beginning with a person’s first day of training.F54]
F55...
[F56“full-time student" has the meaning prescribed in regulation 61(1); F56]
[F57“Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;F57]
[F8"a guaranteed income payment" means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;F8]
[F58“Health Service Act” means the National Health Service Act 2006;F58]
[F58“Health Service (Wales) Act” means the National Health Service (Wales) Act 2006;F58]
[F59“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;F59]
F60 “housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985;
[F61“housing benefit expenditure" means expenditure in respect of which housing benefit is payable as specified in [F62regulation 12(1) of the Housing Benefit Regulations 2006F62] but does not include any such expenditure in respect of which an amount is applicable under regulation 17(1)(e) or 18(1)(f) (housing costs);F61]
[F63“Immigration and Asylum Act" means the Immigration and Asylum Act 1999;F63]
F64...
[F65“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);F65]
[F66“independent hospital”—
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in [F67section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978F67];F66]
F68...
“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;
[F69“last day of the course" has the meaning prescribed in regulation 61(1);F69]
[F70“LGBT Financial Recognition Scheme payment” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;F70]
“liable relative” has the meaning prescribed in regulation 54;
[F71“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—
meeting, or helping to meet, an immediate short term need—
arising out of an exceptional event, or exceptional circumstances; and
that requires to be met in order to avoid a risk to the well-being of an individual; or
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
in prison, hospital, a residential care establishment or other institution; or
homeless or otherwise living an unsettled way of life;F71]
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;
“long tenancy” means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;
[F72“long-term patient” means a person who—
is a patient within the meaning of regulation 21(3); and
has been such a patient for a continuous period of more than 52 weeks;F72]
F73...
[F74“the Mandatory Work Activity Scheme” means a scheme within section 17A of the Jobseekers Act 1995, known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;F74]
[F43“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under [F75Part VIII of the Employment Rights Act 1996F75];F43]
[F76“member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either—
Part 6 of the Employment and Support Allowance Regulations 2008; or
Part 5 of the Employment and Support Allowance Regulations 2013;F76]
[F76“member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;F76]
[F77“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;F77]
F78...
F80“mobility supplement” means any supplement under [F79article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006F79] including such a supplement by virtue of any other scheme or order or under Article 25A of the Personal Injuries (Civilians) Scheme 1983;
[F81“the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;F81]
[F82“neonatal care leave” means leave under section 80EF of the Employment Rights Act 1996;F82]
“net earnings” means such earnings as are calculated in accordance with regulation 36;
“net profit” means such profit as is calculated in accordance with regulation 38;
[F83“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;F83]
“non-dependant” has the meaning prescribed in regulation 3;
“non-dependant deduction” means a deduction that is to be made under regulation 17(e) and paragraph [F8418F84] of Schedule 3;
F85...
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
[F86“parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;F86]
“partner” means where a claimant—
is a member of [F87a coupleF87] , the other member of that couple;
is married polygamously to two or more members of his household, any such member;
[F88“paternity leave” means a period of absence from work on F89... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996F90...;F88]
“payment” includes a part of a payment;
[F91“pay period” means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other shorter or longer period as the case may be;F91]
[F92“pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;F92]
[F93“pension fund holder" means with respect to a personal pension scheme or [F94an occupational pension schemeF94], the trustees, managers or scheme administrators, as the case may be, of the scheme F95... concerned;F93]
[F96“period of study" means the period beginning with the date on which a person starts attending or undertaking a course of study and ending with the last day of the course or such earlier date (if any) as he finally abandons it or is dismissed from it;F96]
[F3“personal independence payment” means personal independence payment under Part 4 of the 2012 Act;F3]
[F97“personal pension scheme” means—
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;F97]
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
[F98“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;F98]
[F99“the Post Office” means Post Office Limited (registered number 02154540);F99]
[F99“Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—
in connection with the failings of the Horizon system; or
otherwise payable following the judgment in Bates and Others v Post Office Ltd ((No. 3) “Common Issues”);F99]
F100...
[F52“public authority” includes any person certain of whose functions are functions of a public nature;F52]
[F101“qualifying person” means a person in respect of whom [F102a Grenfell Tower payment[F103, a child abuse payment[F104, a Windrush payment, a Post Office compensation payment[F105, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF105,F104,F103]]] has been made orF102]payment has been made from the Fund[F106, the Eileen Trust[F107, MFET LimitedF107][F108, the Skipton FundF108][F109, the Caxton FoundationF109][F110, the Scottish Infected Blood Support SchemeF110][F111, an approved blood schemeF111][F112, the London Emergencies Trust, the We Love Manchester Emergency FundF112][F113, the National Emergencies TrustF113][F114, the Victims of Overseas Terrorism Compensation SchemeF114] or the London Bombings Relief Charitable FundF106];F101]
F115...
“relative” means close relative, grand-parent, grand-child, uncle, aunt, nephew or neice;
“relevant enactment” has the meaning prescribed in regulation 16(8)(a);
[F116“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;F116]
“remunerative work” has the meaning prescribed in regulation 5;
F85...
F117...
F85...
F118...
[F119“Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;F119]
[F120“Scottish basic rate” means the rate of income tax of that name calculated in accordance with section 6A of the Income Tax Act 2007;F120]
[F121“Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);F121]
[F120“Scottish taxpayer” has the same meaning as in Chapter 2 of Part 4A of the Scotland Act 1998;F120]
“self-employed earner” shall be construed in accordance with section 2(1)(b) of the Social Security Act;
[F122“self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in—
an employment zone programme; or
a programme provided or other arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employmentetc.);F122]
F123...
[F124“” means leave under section 75E or 75G of the Employment Rights Act 1996;F124]
“single claimant” means a claimant who neither has a partner nor is a lone parent;
F125“Social Security Act” means the Social Security Act 1975;
[F126“sports award" means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc.Act 1993 out of sums allocated to it for distribution under that section;F126]
F127...
F128...
[F51“subsistence allowance” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;F51]
F129“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976;
F130“terminal date” in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976 ;
[F131“the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;F131]
F46...
[F132“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;F132]
[F101“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;F101]
F133...
F134...
F135...
[F136“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;F136]
F137...
[F138“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;F138]
[F139“the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;F139]
[F140“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;F140]
[F141“the Macfarlane (Special Payments) (No. 2) Trust" means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;F141]
[F142“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;F142]
[F143“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;F143]
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—
out of public funds by a Government department or by or on behalf of the [F144Secretary of State F145...F144][F146, [F147Skills Development Scotland,F147] Scottish Enterprise or Highlands and Islands EnterpriseF146][F148, F149... F145... or the [F150Welsh MinistersF150,F148]] ;
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of [F151the Secretary of State F152...F151][F146, [F147Skills Development Scotland,F147] Scottish Enterprise or Highlands and Islands EnterpriseF146][F153or the [F150Welsh MinistersF150,F153]] ,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education [F154, other than under arrangements made under section 2 of the Employment and Training Act 1973,F154] or is training as a teacher;
[F155“universal credit” means universal credit under Part 1 of the 2012 Act;F155]
[F156“vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979;F156]
[F157“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;F157]
[F158“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;F158]
[F159“war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;F159]
[F159“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;F159]
[F159“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;F159]
[F159“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;F159]
F160...
[F161“water charges” means—
as respects England and Wales, any water and sewerage charges under Chapter I of Part V of the Water Industry Act 1991;
as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992;
in so far as such charges are in respect of the dwelling which a person occupies as his home;F161]
[F162“the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;F162]
[F163“the Welfare Reform Act” means the Welfare Reform Act 2007;F163]
[F164“welfare to work beneficiary" means a person–
to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and
who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992;F164]
[F27“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;F27]
[F165“working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;F165]
F45...
[F166“year of assessment” has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988;F166]
“young person” has the meaning prescribed in regulation 14.
[F167 “ F168... [F169youth training”F169] means—
arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State); or
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces),
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.F167]
[F170(1A)For the purposes of these Regulations, where a person’s principal place of residence is a [F171care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospitalF171]—
(a)where he is absent because he is a patient, for the first [F17252F172] weeks of any such period of absence and for this purpose—
(i)“patient” has the meaning it has in Schedule 7 by virtue of regulation 21(3); and
(ii)periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and
(b)for the first three weeks of any other period of absence.F170]
[F173(1B)References in these Regulations to a claimant participating as a service user are to—
(a)a person who is being consulted by or on behalf of—
(i)a body which has a statutory duty to provide services in the field of health, social care or social housing; or
(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,
in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or
[F174(ab)a person who is being consulted by or on behalf of—
(i)the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973; or
(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,
in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;F174]
(b)the carer of a person consulted under [F175sub-paragraphs (a) or (ab)F175].F173]
(2) In these Regulations, unless the context otherwise requires, a reference—
(a)to a numbered Part is to the Part of these Regulations bearing that number;
(b)to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
(c)in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
(d)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
(3) Unless the context requires otherwise, any reference to the claimant's family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant's household.
F176( 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F177Disapplication of section 1(1A) of the Administration Act
2A.Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—
(a)[F178to a child or young person in respect of whom income support is claimed;F178]
(b)to a partner in respect of whom a claim for income support is made or treated as made before [F1795th October 1998F179].F177]
[F180(c)to a person who—
(i)is a person in respect of whom a claim for income support is made;
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
(iii)is not entitled to any income support for the purposes of section 124 of the Contributions and Benefits Act; and
(iv)has not previously been allocated a national insurance number.F180]
Definition of non-dependantI3
3.—(1) In these Regulations, “non-dependant” means any person, except someone [F181to whom paragraph (2), (2A) or (2B) appliesF181] , who normally resides with a claimant[F182or with whom a claimant normally resides.F182]
[F183(2)This paragraph applies to—
(a)any member of the claimant’s family;
(b)a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household);
(c)a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or [F184voluntary organisationF184] which makes a charge to the claimant or the claimant’s partner for the care provided by that person;
(d)the partner of a person to whom sub-paragraph (c) applies.
(2A)This paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner,—
(a)who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;
(b)to whom the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling;
(c)who is a member of the household of a person to whom sub-paragraph (a) or (b) applies.
(2B)Subject to paragraph (2C), this paragraph applies to—
(a)a person who jointly occupies the claimant’s dwelling and who is either—
(i)a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners); or
(ii)jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling;
(b)a partner of a person to whom sub-paragraph (a) applies.
(2C)Where a person is a close relative of the claimant or the claimant’s partner, paragraph (2B) shall apply to him only if the claimant’s, or the claimant’s partner’s, co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.F183]
F185(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area[F186but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlordF186] .
(5) In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.
[F187Permitted periodcross-notes
3A.—(1)For the purposes of regulation 17(6), F188... paragraph 7(6) of Schedule 3A, paragraph 6(3) of Schedule 3B and paragraphs 4 and 6 of Schedule 8 (applicable amounts, mortgage interest, protected sums and earnings to be disregarded), where a claimant has ceased to be entitled to income support–
(a)because he or his partner becomes engaged in remunerative work the permitted period, F189... shall be twelve weeks; or
(b)for any other reason, the permitted period shall be eight weeks.
F190(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F187]
PART IICONDITIONS OF ENTITLEMENT
[F192Prescribed categories of person
4ZA.—(1)Subject to the following provisions of this regulation, a person to whom any paragraph of Schedule 1B applies falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act (entitlement to income support).
(2)Paragraph (1) does not apply to a [F193full-time studentF193] during the period of study.
(3)A [F193full-time studentF193] during the period of study falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act only if—
F194(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)paragraph 1, 2, F195... 11, F195... [F19615A,F196] or 18 of Schedule 1B applies to him; F194...
[F197(c)any other paragraph of Schedule 1B applies to him and—
(i)in the case of a person with a partner, the partner is also a full-time student and either he or his partner is treated as responsible for a child or young person, or
(ii)in any other case, he is treated as responsible for a child or young person,
but this provision applies only for the period of the summer vacation appropriate to his course; F198...F197]
F198(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F199(3A)Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.F199]
[F200(4)A person who falls within a prescribed category in Schedule 1B for the purposes of this regulation for any day in a benefit week, shall fall within that category for the whole of that week.F200,F192]]
Temporary absence from Great Britaincross-notesI4
4.—(1) Where a claimant is entitled to income support for a period immediately preceding a period of temporary absence from Great Britain, his entitlement to income support [F201shall continue only—
(a)in the circumstances specified in paragraph (2), during the first 4 weeks of that period of temporary absence; and
(b)in the circumstances specified in paragraph (3), during the first 8 weeks of that period.F201]
(2) The circumstances in which a claimant's entitlement to income support is to continue during the first four weeks of a temporary absence from Great Britain are that—
(a)the period of absence is unlikely to exceed 52 weeks; and
(b)while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to income support; and
(c)any one of the following conditions applies—
[F202(i)the claimant falls within one or more of the prescribed categories of person listed in Schedule 1B other than paragraphs 7, 15, 20, 21, 24, 25, 26 or 27 of that Schedule; orF202]
[F202(ii)the claimant falls within paragraph 7 of Schedule 1B ([F203persons treated as capable of work and persons entitled to statutory sick payF203]) and his absence from Great Britain is for the sole purpose of receiving treatment from an appropriately qualified person for the incapacity by reason of which he satisfies the conditions of that paragraph; orF202]
(iii)he is in Northern Ireland; or
(iv)he is a member of a couple and he and his partner are both absent from Great Britain, and a premium referred to in paragraph 9, [F2049A,F204] 10, 11 or 13 of Schedule 2 (applicable amounts) is applicable in respect of his partner[F205 or
[F206(v)on the day on which the absence began he had satisfied the provisions of [F207paragraph 7 of Schedule 1BF207] ([F208persons treated as capable of work and persons entitled to statutory sick payF208]) for a continuous period of not less than—
(aa)196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act, or who is entitled to the highest rate of the care component of disability living allowance[F209, the care component of child disability payment at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations)F209][F210, armed forces independence paymentF210][[F211,F212,F212] the enhanced rate of the daily living component of personal independence paymentF211][F213or the enhanced rate of the daily living component of adult disability paymentF213]; or
(bb)364 days in any other case,
and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period.F206,F205]]
[F214(3)The circumstances in which a claimant’s entitlement to income support is to continue during the first 8 weeks of a temporary absence from Great Britain are that—
(a)the period of absence is unlikely to exceed 52 weeks; and
(b)the claimant continues to satisfy the other conditions of entitlement to income support; and
(c)the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and
(d)those arrangements relate to treatment—
(i)outside Great Britain;
(ii)during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and
(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.F214]
[F215(3A)A claimant’s entitlement to income support shall continue during a period of temporary absence from Great Britain if—
(a)he satisfied the conditions of entitlement to income support immediately before the beginning of that period of temporary absence; and
[F216(b)that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—
(i)under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);
(ii)pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or
(iii)under any equivalent provision in Scotland or pursuant to arrangements made under such provision.F216,F215]]
[F214(4)In paragraphs (2) and (3) “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.F214]
Persons treated as engaged in remunerative workcross-notesI5
5.—(1) Subject to the following provisions of this regulation, for the purposes of section 20(3)(c) of the Act (conditions of entitlement to income support), remunerative work is work in which a person is engaged, or, where his hours of work fluctuate, he is engaged on average, for [F217not less than 16 hoursF217] a week being work for which payment is made or which is done in expectation of payment.
[F218(1A)In the case of any partner of the claimant paragraph (1) shall have effect as though for the words “16 hours" there were substituted the words “24 hours".F218]
(2)[F219Subject to paragraph (3B),F219] the number of hours for which a person is engaged in work shall be determined—
(a)where no recognisable cycle has been established in respect of a person's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;
(b)where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—
(i)if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);
(ii)in any other case, the period of five weeks immediately before the date of claim or the date [F220on which a superseding decision is made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998F220] , or such other length of time as may, in the particular case, enable the person's average hours of work to be determined more accurately.
(3) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.
[F221(3A)A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave[F222, paternity leave[F223, adoption leave[F224, shared parental leave[F225, neonatal care leaveF225] or parental bereavement leaveF224,F223,F222]]] or is absent from work because he is ill.F221]
[F226(3B)Where for the purpose of paragraph (2)(b)(i), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.F226]
(4) A person who makes a claim and to whom or whose partner section 23 of the Act (trade disputes) applies [F227or appliedF227] shall, for the period of seven days following the date on which the stoppage of work due to a trade dispute at his or his partner's place of work commenced or, if there is no stoppage, the date on which he or his partner first withdrew his labour in furtherance of a trade dispute, be treated as engaged in remunerative work.
(5)[F228Subject to paragraph (5A), a personF228] who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which [F229regulation[F23035(1)(b) and (d)F230,F229]] (earnings of employed earners) applies are [F231paidF231] shall be treated as being engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part V.
[F232(5A)Paragraph (5) shall not apply to earnings disregarded under paragraph 1 of Schedule 8 to these regulations.F232]
[F233(6)For the purposes of this regulation, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account shall be taken of any hours in which the person is engaged in an employment or a scheme to which [F234regulation 6(1)F234] (persons not treated as engaged in remunerative work) applies.F233]
[F235(7)For the purposes of paragraphs (1) and (2), in determining the number of hours for which a person is engaged in work, that number shall include any time allowed to that person by his employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time.F235]
F236(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons not treated as engaged in remunerative workI6
6.[F237—(1)F237] A person shall not be treated as engaged in [F238remunerative work in so far as—F238]
F239(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)he is engaged in child minding in his home;
(c)he is engaged by a charity or [F240voluntary organisationF241...,F240] or is a volunteer where the only payment received by him or due to be paid to him, is a payment which is to be disregarded under regulation 40(2) and paragraph 2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)[F242and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that workF242] ;
(d)F243he is engaged on a scheme for which a training allowance is being paid; ...
[F244(dd)he is receiving assistance under the self-employment route;F244]
F245(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F245(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F245(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F246(h)he is engaged in any one of the employments mentioned in heads (a) to (d) of sub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to persons serving as firemen, in coastal rescue activities etc); F247...F246]
[F246(j)he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in [F248section 171F(2) of the Contributions and Benefits ActF248][F249; orF249,F246]]
[F250(k)he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 [F251or in accordance with paragraph 27F251] of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in [F252those paragraphsF252].F250]
[F253(ka)he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) and is in receipt of a payment made under that section of that Act;F253]
[F254(m)he is engaged in an activity in respect of which—
(i)a sports award has been made, or is to be made, to him; and
(ii)no other payment is made or is expected to be made to him.F254]
F255(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F256(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F257(4)The following persons shall not be treated as engaged in remunerative work–
F258(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);
(c)a person to whom paragraph 4 of Schedule 1B applies;F257]
F259(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F260(5)A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—
(a)he or his partner is engaged in work which—
(i)is remunerative work; and
(ii)he, or his partner, is expected to be engaged in for a period of no less than five weeks;
(b)he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support [F261, an income-based jobseeker's allowance or an income-related employment and support allowanceF261];
(c)he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—
(i)an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of [F262housing costs which qualify [F263under paragraph 17F263,F262]] of that Schedule; F264...
(ii)an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) as applicable to him in respect of [F265housing costs which qualify [F266under paragraph 16F266,F265]] of that Schedule; [F267or
(iii)an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify [F268under paragraph 18F268] of that Schedule; andF267]
(d)he or his partner remain liable to make payments[F269in respect of such housing costsF269].
(6)A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—
(a)the period of four weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraphF270...
F271(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In calculating the period of benefit entitlement referred to in paragraphF272... (5)(b), no account shall be taken of entitlement arising by virtue of paragraphF272... (6).
(8)In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.F260]
Meaning of employmentI7
F2737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons not required to be available for employmentI8
F2748. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons treated as available for employmentI9
F2759. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Circumstances in which claimants are not to be treated as available for employmentI10
F27610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Actively seeking employment
F27710A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration for employmentI11
F27811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relevant EducationI12
[F27912.For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person).F279]
Circumstances in which persons in relevant education are to be entitled to income supportcross-notesI13
13.—(1) Notwithstanding that a person is to be treated as receiving relevant education under regulation 12 (relevant education) he shall, if paragraph (2) applies to him and he satisfies the other conditions of entitlement to income support, be entitled to income support.
(2) This paragraph applies to [F280a person [F281who [F282(subject to paragraph (2A))F282] is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person)F281] (hereinafter referred to as an eligible person)F280] who—
(a)is the parent of a child for whom he is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) and who is treated as a member of his household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household); or
F283(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F283(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F284(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)has no parent nor any person acting in the place of his parents; or
[F285(d)of necessity has to live away from his [F286parents and anyF286] person acting in the place of his parents because–
(i)he is estranged from his [F286parents and that personF286]; or
(ii)he is in physical or moral danger; or
(iii)there is a serious risk to his physical or mental health;F285]
[F287(dd)has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 (local authority support for children and families)[F288or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc)F288][F289or Part 4 (meeting needs) or Part 6 (looked after and accommodated children) of the Social Services and Well-being (Wales) Act 2014F289][F290, or by virtue of any order or warrant made under the Children’s Hearings (Scotland) Act 2011,F290] and is of necessity living away from his parents and any person acting in place of his parents;F287]
(e)is living away from his parents and any person acting in the place of his parents in a case where his parents are or, as the case may be, that person is unable financially to support him and—
(i)chronically sick or mentally or physically disabled; or
(ii)detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
(iii)prohibited from entering or re-entering Great Britain; or
F291(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F291(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F292(h)is a person to whom paragraph 18 of Schedule 1B (refugees) applies.F292]
[F293(2A)For the purposes of paragraph (2)—
(a)the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006(child benefit not payable in respect of qualifying young person: other financial support);
(b)where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006(extension period: 16 and 17 year olds).F293]
(3) In this regulation—
[F294(a)any reference to a person acting in the place of an eligible person’s parents includes—
(i)for the purposes of paragraph (2)(c), (d) and (dd), a reference to a local authority or voluntary organisation where the eligible person is being looked after by them under a relevant enactment or where the eligible person is placed by the local authority or voluntary organisation with another person, that other person, whether or not a payment is made to him;
(ii)for the purposes of paragraph (2)(e), the person with whom the person is so placed;F294]
(b)“chronically sick or mentally or physically disabled” means, in relation to a person to whom that expression refers, a person—
(i)in respect of whom the condition specified in paragraph 12(1) of Schedule 2 (additional condition for the higher pensioner and disability premiums) is satisfied; or
F295(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)who is substantially and permanently disabled [F296; or
(iv)who is entitled to an employment and support allowance which includes a work-related activity component or support component [F297or who would be entitled to an employment and support allowance including a work-related activity component but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)F297].F296]
Persons under 18 years
F29813A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IIIMEMBERSHIP OF THE FAMILY
Persons of a prescribed descriptionI14
14.—(1) Subject to paragraph (2), a person of a prescribed description for the purposes of section 20(11) of the Act as it applies to income support (definition of the family) and section 23(1) [F299and (3)F299] of the Act (trade disputes) is a person [F300who falls within the definition of qualifying young person in section 142 of the Contributions and Benefits Act (child and qualifying young person)F300] , and in these Regulations such a person is referred to as a “young person”.
[F301(2)Paragraph (1) shall not apply to a person who is—
F302(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)entitled to income support or would, but for section 134(2) (provision against dual entitlement of members of family) of the Contributions and Benefits Act, be so entitled; F303...
(c)a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) appliesF301]F305[F304...
(d)entitled to an employment and support allowance or would, but for paragraph 6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance), be so entitledF304][F306; or
(e)entitled to universal creditF306]
[F307(3)A person of a prescribed description for the purposes of section 137(1) of the Contributions and Benefits Act as it applies to income support (definition of family) includes a child or young person in respect of whom section 145A of that Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act.F307]
Circumstances in which a person is to be treated as responsible or not responsible for anotherI15
15.[F308—(1)Subject to the following provisions of this regulation, a person is to be treated as responsible for a child or young person for whom he is receiving child benefit [F309and this includes a child or young person to whom paragraph (3) of regulation 14 applies.F309]
(1A)In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.
(2)In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—
(a)except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or
(b)where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.F308]
(3) Where regulation 16(6) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant's household.
(4) Except where paragraph (3) applies, for the purposes of these Regulations a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.
Circumstances in which a person is to be treated as being or not being a member of the householdI16
16.—(1) Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person shall be treated as members of the same household [F310notwithstanding that any of themF310][F311is temporarily living away from the other members of his familyF311] .
[F312(2)Paragraph (1) shall not apply to a person who is living away from the other members of his family where—
(a)that person does not intend to resume living with the other members of his family; or
(b)his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.F312]
(3) Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—
(a)F313one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977 ( [F314high security psychiatric servicesF314] ) or [F315section 102 of the National Health Service (Scotland) Act 1978 (state hospitals)F315] ; or
[F316(b)one, both or all of them are—
(i)detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
(ii)on temporary release in accordance with the provisions of [F317the Prison Act 1952 orF317]the Prisons (Scotland) Act 1989;F316]
F318(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the claimant is abroad and does not satisfy the conditions of regulation 4 (temporary absence from Britain); or
(e)one of them is permanently [F319residing in a care home, an Abbeyfield Home or an independent hospitalF319] .
(4) A child or young person shall not be treated as a member of the claimant's household where he is—
[F320(a)placed with the claimant or his partner by a local authority under [F321section 22C(2)F321] of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act; or
[F322(aa)placed with the claimant or his partner by a local authority under section 81(2) of the Social Services and Well-being (Wales) Act 2014; orF322]
(b)placed with the claimant or his partner prior to adoption; orF320]
(c)F323placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 or [F324the Adoption Agencies (Scotland) Regulations 2009F324] .
(5) Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the claimant[F325and whoF325] —
(a)[F326in a case which does not fall within sub-paragraph (aa),F326] has been continuously absent from Great Britain for a period of more than four weeks commencing—
(i)[F327subject to paragraph (5A),F327] where he went abroad before the date of claim for income support, with that date;
(ii)in any other case, [F328on the day which immediately follows the dayF328] on which he went abroad; or
[F329(aa)where regulation 4(3) or paragraph 11A or 12A of Schedule 7 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing—
(i)[F330subject to paragraph (5A),F330] where he went abroad before the date of the claim for income support, on the date of that claim;
(ii)in any other case, on the day which immediately follows the day on which he went abroad; orF329]
(b)has been an in-patient or in [F331accommodationF332...F331] for a continuous period of more than 12 weeks commencing—
(i)[F333subject to paragraph (5A),F333] where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for income support, with that date; or
(ii)in any other case, with the date on which he became an in-patient or entered that accommodation,
and, in either case, has not been in regular contact with either the claimant or any member of the claimant's household; or
[F334(c)is being looked after by a local authority under a relevant enactment; or
(d)has been placed with a person other than the claimant prior to adoption; orF334]
(e)has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or [F335the Adoption Agencies (Scotland) Regulations 2009F335] ; or
(f)is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
[F336(5A)Sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) shall not apply in a case where immediately before the date of claim for income support the claimant was entitled to an income-based jobseeker’s allowance.F336]
(6) A child or young person to whom any of the circumstances mentioned in sub-paragraphs (c) or (f) of paragraph (5) applies shall be treated as being a member of the claimant's household only for that part of any benefit week where that child or young person lives with the claimant.
(7) Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant's household.
(8) In this regulation—
[F337(za)“accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
(i)under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation),
(ii)in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment), F338...
(iii)under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support services etc.), F339...
[F340(iv)under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support), [F341 or
(v)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),F341]
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;F340]
[F342(a)“relevant enactment” means the Army Act 1955, the Social Work (Scotland) Act 1968, the Matrimonial Causes Act 1973, [F343the Adoption and Children (Scotland) Act 2007F343], the Family Law Act 1986[F344, the Children Act 1989 and the Social Services and Well-being (Wales) Act 2014F344].F342]
(b)“voluntary organisation” has the meaning assigned to it in the [F345Children Act 1989F345] or, in Scotland, the Social Work (Scotland) Act 1968.F337]
PART IVAPPLICABLE AMOUNTS
Applicable amountscross-notesI17
F347,F34717.—(1) Subject to regulations[F34618 to 22AF346] ... (applicable amounts in other cases and reductions in applicable amounts ...), a claimant's weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case:
(a)an amount in respect of himself or, if he is a member of a couple, an amount in respect of both of them, determined in accordance with paragraph 1 (1), (2) or (3), as the case may be, of Schedule 2;
(b)[F348an amount determined in accordance with paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family, except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F349except as provided in regulation 44(1) (modifications in respect of children and young persons)F349], would exceed £3,000;F348]
F350(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)[F348if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 2 (family premium);F348]
(d)the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 2 (premiums);
(e)any amounts determined in accordance with Schedule 3 (housing costs) which may be applicable to him in respect of [F351housing costs as prescribedF351] in that Schedule.
[F352(f)any amounts determined in accordance with [F353paragraphs (2) to (7)F353].F352]
F354(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F355(2)Where —
(a)a claimant has throughout the period beginning on 11th April 1988 and ending immediately before the coming into force of paragraphs 25 to 28 of Schedule 10 (capital to be disregarded) failed to satisfy the capital condition in section 22(6) of the Act (no entitlement to benefit if capital exceeds prescribed amount); and
(b)as a consequence he is not entitled to any transitional addition, special transitional addition or personal expenses addition under Part II of the Transitional Regulations; and
(c)had those paragraphs been in force on 11th April 1988 he would have satisfied that condition and been entitled to any such addition,
the amount applicable under this paragraph shall, subject to paragraph (3), be equal to the amount of any transitional addition, special transitional addition and personal expenses addition to which he would be entitled under Part II of the Transitional Regulations had he been entitled to any such addition in the week commencing 11th April 1988.F355]
[F355(3)For the purposes of paragraph (2), in determining a claimant’s total benefit income in his second benefit week for the purpose of calculating the amount of any transitional addition to which he would have been entitled, no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations (total benefit income) which is made in respect of that week to compensate for the loss of entitlement to income support.F355]
[F355(4)Subject to paragraph (6), where —
(a)the claimant or any member of his family was temporarily absent from his home in the claimant’s first or second benefit week (or both), because he was —
(i)a patient; or
(ii)outside Great Britain for the purpose of receiving treatment for any disease or bodily or mental disablement or for the purpose of accompanying a child or young person who is outside Great Britain for the purpose of receiving such treatment; or
[F356(iii)in a care home, an Abbeyfield Home or an independent hospital; orF356]
(iv)in the care of a local authority under a relevant enactment; or
(v)staying with a person who was contributing to his maintenance; and
(b)as a result —
(i)in the claimant’s first benefit week his requirements for the purpose of calculating his entitlement to supplementary benefit were increased or reduced or he was not entitled to that benefit; or
(ii)in the claimant’s second benefit week his applicable amount was increased or reduced or he was not entitled to income support; and
(c)the period during which his requirements were, or his applicable amount was, increased or reduced, or he was not entitled to benefit, or any one or more of those circumstances existed, did not exceed 8 weeks,
the amount applicable under this paragraph shall be equal to the amount determined under paragraph (5).F355]
[F355(5)The amount for the purposes of paragraph (4) shall be an amount equal to the difference between —
(a)the amount that his total benefit income in his first benefit week would have been had he been entitled in respect of that week to supplementary benefit calculated on the basis that he or any member of his family had not been absent from the home; and, if less,
(b)the amount of his total benefit income in the first complete week after the period of temporary absence ends; but for the purpose of calculating his total benefit income in that week —
(i)no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations which is made in respect of that week to compensate for the loss (in whole or in part) of entitlement to income support; and
(ii)if the period of temporary absence ends after the coming into force of paragraph (4), the amount of income support to be taken into account shall, notwithstanding regulation 9(6) of the Transitional Regulations, be calculated as if that paragraph were not in force.F355]
[F355(6)The amount under paragraph (4) shall cease to be applicable to a claimant if he ceases to be entitled to income support for a period exceeding [F357the permitted period determined in accordance with regulation 3A (permitted period)F357].F355]
[F358(6A)For the purposes of paragraph (6), where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973[F359or section 2 of the Enterprise and New Towns (Scotland) Act 1990F359] or attending a course at an employment rehabilitation centre established under that section [F360of the 1973 ActF360], he shall be treated as if he had been entitled to income support for the period during which he or his partner is participating in such arrangements or attending such a course.F358]
[F355(7)In this Regulation —
“first benefit week” and “second benefit week” have the meanings given to those expressions in regulations 2(1) of the Transitional Regulations and shall also include the week which would have been the claimant’s “first benefit week” or, as the case may be, “second benefit week” had he been entitled to supplementary benefit or, as the case may be, income support in that week;
“total benefit income” has, subject to paragraphs (3) and (5)(b), the same meaning as in regulation 9 of the Transitional Regulations;
“Transitional Regulations” means the Income Support (Transitional) Regulations 1987.F355]
Polygamous marriagescross-notesI18
F365,F36518.[F361—(1)F361][F362Subject to paragraph (2) andF362][F363regulations 21F363][F364to 22AF364] ... (applicable amounts in other cases and reductions in applicable amounts ...), where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case:
(a)the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 2 as if he and that partner were a couple;
(b)an amount equal to the difference between the amounts specified in [F366sub-paragraphs (3)(d)F366][F367and (1)(e)F367] of paragraph 1 of Schedule 2 in respect of each of his other partners;
(c)[F368an amount determined in accordance with paragraph 2 of Schedule 2 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F369except as provided in regulation 44(1) (modifications in respect of children and young persons)F369], would exceed £3,000;F368]
F370(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)[F371if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 2 (family premiums);F371]
(e)the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 2 (premiums);
(f)any amounts determined in accordance with Schedule 3 (housing costs) which may be applicable to him in respect of [F372housing costs as prescribedF372] in that Schedule.
[F373(g)any amount determined in accordance with regulation 17(1)(f) (applicable amounts);F373]
F374(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F375(2)In the case of a partner who is aged less than 18, the amount which applies in respect of that partner shall be nil unless—
(a)that partner is treated as responsible for a child, or
[F376(b)that partner is a person who—
(i)had he not been a member of a polygamous marriage would have qualified for income support under regulation 4ZA; or
(ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or
(iii)is the subject of a direction under section 16 of the Jobseekers Act 1995(persons under 18: severe hardship).F376,F375]]
Applicable amounts for persons in residential care and nursing homes
F37719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicable amounts for persons in board and lodging accommodation and hostelsI19
F37820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special casescross-notesI20
21.—(1) Subject to [F379paragraph (1B),F379][[F380,F381regulation 21ZBF381] (treatment of refugees) andF380][F382regulation 22AF382] (reductions in applicable amounts) in the case of a person to whom any paragraph in column (1) of Schedule 7 applies (applicable amounts in special cases), the amount included in the claimant's weekly amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule; but no amount shall [F383be included in respect of a child or young person if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, [F384except as provided in regulation 44(1) (modifications in respect of children and young persons)F384], would exceed £3,000F383] .
F385(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F386(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F387(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F388In Schedule 7F388] —
[F389“partner of a person subject to immigration control" means a person–
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
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
who is a member of a couple and [F390the member'sF390]partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to [F391the partnerF391] for the purposes of exclusion from entitlement to income support;F389]
F392...
“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of [F393regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005F393] .
[F394“person from abroad” has the meaning given in regulation 21AA;F394]
[F395“prisoner” means a person who—
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,
other than a person [F396who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the [F397Mental Health (Care and Treatment) (Scotland) Act 2003F397] or the Criminal Procedure (Scotland) Act 1995,F396,F395]]
F398...
[F399(3ZA)In Schedule 7 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.
(3ZB)The first condition is that—
(a)P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
(b)in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.
(3ZC)The second condition is that P is being detained under—
(a)section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
(b)section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).F399]
F400(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F400(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F400(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F400(3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F400(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F401(3F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F401(3G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F402(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F402(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F402(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A claimant to whom paragraph 19 of Schedule 7 (disability premium) applies shall be entitled to income support for the period in respect of which that paragraph applies to him notwithstanding that his partner was also entitled to income support for that same period.
[F403Special cases: supplemental – persons from abroadcross-notes
21AA.—(1)”Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
(2)No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3) [F404or (3A)F404].
(3)A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—
(a)regulation 13 of the [F405Immigration (European Economic Area) Regulations 2016F405];
(b)regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the claimant is—
(i)a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
(ii)a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; [F406 orF406]
[F407(bb)regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation;F407]
F408(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F408(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F408(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F409(3A)A right to reside falls within this paragraph if it exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
(a)Appendix EU to the immigration rules made under section 3(2) of that Act; F410...
(b)being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that ActF409][F411; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.F411]
[F412(3B)Paragraph (3A)(a) does not apply to a person who—
(a)has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b)would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3).F412]
(4)A claimant is not a person from abroad if he is—
[F413(zza)a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—
(i)the Afghan Relocations and Assistance Policy; or
(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
(zzb)a person in Great Britain not coming within sub-paragraph (zza) or [F414(h)F414] who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;F413]
[F415(zzc)a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; F416...
(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act;F415][F417orF417]
[F418(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;F418]
[F419(zzd)a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—
(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;F419]
[F420(zze)a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—
(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;F420]
[F421(za)a qualified person for the purposes of regulation 6 of the [F422Immigration (European Economic Area) Regulations 2016F422] as a worker or a self-employed person;
(zb)a family member of a person referred to in sub-paragraph (za) F423...;
(zc)a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;F421]
[F424(zd)a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;F424]
[F425(ze)a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;
(zf)a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;F425]
(g)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;
[F426(h)a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971F426]F427...
[F428(hh)a person who has humanitarian protection granted under those rules;F428][F429orF429]
(i)a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; F430...
F431(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F403]
F431(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F432(5)In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.F432]
[F433(6)In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.F433]
Treatment of refugees
F43421ZB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reductions in applicable amounts in certain cases of failure to attend courses
F43521A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualificationI21
F43622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F437Reduction in applicable amount where the claimant is appealing against a decision [F438which embodies a determinationF438] that he is not incapable of workcross-notes
22A.—(1)Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B (persons appealing against a decision [[F439,F440which embodies a determinationF440] that they are not incapable of work under the personal capability assessmentF439]), and none of the other paragraphs of that Schedule applies to him, his applicable amount shall be reduced by a sum equivalent to 20 per cent. of the following amount—
(a)in the case of a person to whom regulation 17 or 18 or paragraphs 6, 9 to 12 F441... of Schedule 7 applies—
(i)where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in paragraph 1(1)(a), (b) or (c), as the case may be, of Schedule 2 (applicable amounts);
(ii)where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or a polygamous marriage where one member is aged not less than 18 but less than 25 and the other member, or in the case of a polygamous marriage each other member, is a person under 18 who—
(aa)does not qualify for income support under regulation 4ZA, or who would not so qualify if he were to make a claim; and
(bb)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and
(cc)is not the subject of a direction under section 16 of the Jobseekers Act 1995(persons under 18: severe hardship),
the amount specified in paragraph 1(1)(d) of that Schedule;
(iii)where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or a polygamous marriage to whom head (ii) of this sub-paragraph applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of that Schedule;
F442(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
(3)Paragraph (1) shall not apply to a claimant who is appealing against a decision [F443which embodies a determinationF443] that he is not incapable of work under the [F444personal capability assessmentF444] where that [F445determinationF445] was [F446the first determination made in accordance with, the all work test before 3rd April 2000 or, after that date, the personal capability assessment, in relation to the claimantF446], and the claimant was, immediately prior to 13th April 1995, either—
(a)in receipt of invalidity pension under Part II of the Contributions and Benefits Act as then in force, or severe disablement allowance; or
(b)incapable of work in accordance with paragraph 5 of Schedule 1 as in force on 12th April 1995 and had been so for a continuous period of 28 weeks.F437]
Period for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act 1999
F44722B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VINCOME AND CAPITALcross-notes
CHAPTER Igeneral
Calculation of income and capital of members of claimant's family and of a polygamous marriageI22
23.—(1)[[F448,F449Subject to paragraphs (2) and (4) and to regulation 44 (modifications in respect of children and young persons), the income and capital of a claimant’s partner andF449] the income of a child or young person which by virtue of section 22(5) of the ActF448][F449Subject to paragraph (4), the income and capital of a claimant’s partner which by virtue of section 136(1) of the Contributions and Benefits ActF449] is to be treated as income and capital of the claimant, shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall, except where the context otherwise requires, be construed, for the purposes of this Part, as if it were a reference to his partner[F450or that child or young personF450] .
(2)[F451Regulations 36(2) and 38(2), so far as they relate to paragraphs 1 to 10 of Schedule 8 (earnings to be disregarded) and regulation 41(1) (capital treated as income) shall not apply to a child or young person.F451]
[F451Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.F451]
(3)[F452Subject to paragraph (5)F452] where a claimant or the partner of a claimant is married polygamously to two or more members of his household—
(a)the claimant shall be treated as possessing capital and income belonging to each such member [F453and the income of any child or young person who is one of that member's familyF453] ; and
(b)the income and capital of that member [F454or, as the case may be, the income of that child or young personF454] shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant[F454or, as the case may be, as for any child or young person who is a member of his familyF454] .
[F455(4)Where at least one member of a couple is aged less than 18 and the applicable amount of the couple falls to be determined under [F456paragraphs 1(3)(b), (c), (f) or (g)F456] of Schedule 2 (applicable amounts), the income of the claimant’s partner shall not be treated as the income of the claimant to the extent that–
(a)in the case of a couple where both members are aged less than 18, the amount specified in paragraph 1(3)(a) of that Schedule exceeds the amount specified in [F457paragraph 1(3)(c)F457] of that Schedule; and
(b)in the case of a couple where only one member is aged less than 18, the amount specified in paragraph 1(3)(d) of that Schedule exceeds the amount which applies in that case which is specified in [F458paragraph 1(3)(f) or (g)F458] of that Schedule.F455]
[F455(5)Where a member of a polygamous marriage is a partner aged less than 18 and the amount which applies in respect of him under regulation 18(2) (polygamous marriages) is nil, the claimant shall not be treated as possessing the income of that partner to the extent that an amount in respect of him would have been included in the applicable amount if he had fallen within the circumstances set out in regulation 18(2)(a) or (b).F455]
[F459Income of participants in the self-employment routeF460...
23A.Chapters II, III, IV, V, VII and VIIA of this Part and regulations 62 to 66A, 68 and 69 shall not apply to any income which is to be calculated in accordance with Chapter IVA of this Part (participants in the self-employment routeF461...).F459]
Treatment of charitable or voluntary paymentsI23
F46224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F463 ... liable relative paymentsI24
25.Regulations 29 to [F46444F464][F46442F464] , 46 to 52 and Chapter VIII of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VII thereof ( F466[F465...liable relativepaymentsF465] ).
Child support
F46725A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation of income and capital of students I25
26. The provisions of Chapters II to VI of this Part (income and capital) shall [F468have effect in relation to students and their partners subject to the modifications set out in Chapter VIII thereof (students)F468] .
[F469Rounding of fractionsI26
27.Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.F469]
CHAPTER IIincome
Calculation of incomeI27
28.—(1) For the purposes of section 20(3) of the Act (conditions of entitlement to income support) the income of a claimant shall be calculated on a weekly basis—
(a)by determining in accordance with this Part, other than Chapter VI, the weekly amount of his income; and
(b)by adding to that amount the weekly income calculated under regulation 53 (calculation of tariff income from capital).
[F470(2)For the purposes of paragraph (1) “income” includes capital treated as income under regulation 41 (capital treated as income) and income which a claimant is treated as possessing under regulation 42 (notional income).F470]
Calculation of earnings derived from employed earner's employment and income other than earningsI28
F47129.—(1) ... Earnings derived from employment as an employed earner and income which does not consist of earnings shall be taken into account over a period determined in accordance with the following paragraphs and at a weekly amount determined in accordance with regulation 32 (calculation of weekly amount of income).
(2) Subject to [F472the following provisions of this regulationF472] , the period over which a payment is to be taken into account shall be—
[F473(a)where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;
(aa)where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;F473]
(b)in any other case, a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the net earnings, or in the case of income which does not consist of earnings, the amount of that income [F474less any amount paid by way of tax on that income which is disregarded under paragraph 1 of Schedule 9 (income other than earnings to be disregarded)F474] by the amount of income support which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from that payment under Schedule 8 [F475(earnings to be disregarded) or, as the case maybe, any paragraph of Schedule 9 other than paragraph 1 of that Schedule,F475] as is appropriate in the claimant's case,
and that period shall begin on the date on which the payment is treated as paid under regulation 31 (date on which income is treated as paid).
[F476(2A)The period over which a Career Development Loan, which is paid pursuant to section 2 of the Employment and Training Act 1973, shall be taken into account shall be the period of education and training intended to be supported by that loan.
(2B)Where grant income as defined in Chapter VIII of this Part has been paid to a person who ceases to be a [F477full-time studentF477] before the end of the period in respect of which that income is payable and, as a consequence, the whole or part of that income falls to be repaid by that person, that income shall be taken into account over the period beginning on the date on which that income is treated as paid under regulation 31 and ending—
(a)on the date on which repayment is made in full; or
[F478(aa)where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a [F477full-time studentF477]; orF478]
(b)on the last date of the academic term or vacation during which that person ceased to be a [F477full-time studentF477],
whichever shall first occur.F476]
[F479(2C)(a)This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations—
(i)in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or
(ii)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.
(b)Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—
(i)in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or
(ii)in any other case, over a period of time which is equal to the number of days of the training period.
(c)This is the table referred to in sub-paragraph (b)(i)—
Column 1 | Column 2 |
Period of training in days | Period of time over which earnings are to be taken into account in days |
| 8 to 10 | 7 |
| 15 to 17 | 14 |
| 22 to 24 | 21 |
| 29 to 31 | 28 |
| 36 to 38 | 35 |
| 43 | 42F479] |
[F480(2D)The period over which earnings to which paragraph (2C) applies are to be taken into account shall begin on the date on which the payment is treated as paid under regulation 31.F480]
(3) Where earnings not of the same kind are derived from the same source and the periods in respect of which those earnings would, but for this paragraph, fall to be taken into account—
(a)overlap, wholly or partly, those earnings shall be taken into account over a period equal to the aggregate length of those periods;
(b)and that period shall begin with the earliest date on which any part of those earnings would otherwise be treated as paid under regulation 31 (date on which income is treated as paid).
[F481(4)In a case to which paragraph (3) applies, earnings under regulation 35 (earnings of employed earners) shall be taken into account in the following order of priority—
(a)earnings normally derived from the employment;
(b)any payment to which paragraph (1)(b) or (c) of that regulation applies;
(c)any payment to which paragraph (1)(i) of that regulation applies;
(d)any payment to which paragraph (1)(d) of that regulation applies.F481]
[F482(4A)Where earnings to which regulation 35(1)(b) to (d) (earnings of employed earners) applies are paid in respect of part of a day, those earnings shall be taken into account over a period equal to a day.F482]
F483(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F484(4C)Any earnings to which regulation 35(1)(i)(ii) applies which are paid in respect of or on the termination of part-time employment, shall be taken into account over a period equal to one week.F484]
[F484(4D)In this regulation—
(a)“part-time employment” means employment in which a person is not to be treated as engaged in remunerative work under regulation 5 or [F4856(1)F485][F486and (4)F486] (persons treated, or not treated, as engaged in remunerative work);F484]
F487(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of this regulation the claimant's earnings and income which does not consist of earnings shall be calculated in accordance with Chapters III and V respectively of this Part.
Calculation of earnings of self-employed earnersI29
30.—(1) Except where paragraph (2) applies, where a claimant's income consists of earnings from employment as a self-employed earner the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment—
(a)over a period of [F488one yearF488] ; or
(b)F489where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period ... as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.
(2) Where the claimant's earnings consist of [F490any items to which paragraph (2A) appliesF490] those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of income support which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 8 (earnings to be disregarded) as is appropriate in the claimant's case.
[F491(2A)This paragraph applies to—
(a)royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
(b)any payment in respect of any—
(i)book registered under the Public Lending Right Scheme 1982; or
(ii)work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.F491]
(3) For the purposes of this regulation the claimant's earnings shall be calculated in accordance with Chapter IV of this Part.
Date on which income is treated as paidI30
31.—(1) Except where paragraph [F492(2) [F493appliesF493,F492]] , a payment of income to which regulation 29 (calculation of earnings derived from employed earner's employment and income other than earnings) applies shall be treated as paid—
(a)in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the date on which it is due to be paid;
(b)in any other case, on the first day of the benefit week in which it is due to be paid or the first succeeding benefit week in which it is practicable to take it into account.
F499(2) Income support, [F494jobseeker’s allowanceF494] , [F495maternity allowance,F495][F496short-term or long-term incapacity benefitF496] , [F497severe disablement allowance [F498, employment and support allowance or universal creditF498,F497]] ... shall be treated as paid [F500on any dayF500] in respect of which [F501it is payableF501] .
F502(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F502(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation of weekly amount of incomeI31
F503,F50532.—(1) For the purposes of regulation 29 (calculation of earnings derived from employed earner's employment and income other than earnings) ..., subject to [F504paragraphs (2) to (7)F504] ..., where the period in respect of which a payment[F506of income or tax creditF506] is made—
(a)does not exceed a week, the weekly amount shall be the amount of that payment;
(b)exceeds a week, the weekly amount shall be determined—
(i)in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
(ii)in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;
[F507(iii)in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7;
(iiia)in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;F507]
(iv)in any other case by multiplying the amount of the payment by 7 and dividing the product by the number equal to the number of days in the period in respect of which it is made.
(2) Where a payment for a period not exceeding a week is treated under regulation 31(1)(a) (date on which income is treated as paid) as paid before the first benefit week and a part is to be taken into account for some days only in that week (the relevant days), the amount to be taken into account for the relevant days shall be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.
(3) Where a payment is in respect of a period equal to or in excess of a week and a part thereof is to be taken into account for some days only in a benefit week (the relevant days), the amount to be taken into account for the relevant days shall, except where paragraph (4) applies, be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.
(4) In the case of a payment of—
(a)F508,F510..., [F509maternity allowance,F509][F510short-term or long-term incapacity benefitF510] , or severe disablement allowance..., the amount to be taken into account for the relevant days shall be the amount of benefit [F511payableF511] in respect of those days;
(b)income support [F512, jobseeker's allowance or employment and support allowanceF512] , the amount to be taken into account for the relevant days shall be calculated by multiplying the weekly amount of the benefit by the number of relevant days and dividing the product by seven.
(5) Except in the case of a payment which it has not been practicable to treat under regulation 31(1)(b) as paid on the first day of the benefit week in which it is due to be paid, where a payment of income from a particular source is or has been paid regularly and that payment falls to be taken into account in the same benefit week as a payment of the same kind and from the same source, the amount of that income to be taken into account in any one benefit week shall not exceed the weekly amount determined under paragraph (1)(a) or (b), as the case may be, of the payment which under regulation 31(1)(b) (date on which income is treated as paid) is treated as paid first.
(6) Where the amount of the claimant's income fluctuates and has changed more than once, or a claimant's regular pattern of work is such that he does not work every week, the foregoing paragraphs may be modified so that the weekly amount of his income is determined by reference to his average weekly income—
(a)if there is a recognisable cycle of work, over the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences);
(b)in any other case, over a period of five weeks or such other period as may, in the particular case, enable the claimant's average weekly income to be determined more accurately.
[F513(6A)Where income is taken into account under paragraph (2B) of regulation 29 over the period specified in that paragraph, the amount of that income to be taken into account in respect of any week in that period shall be an amount equal to the amount of that income which would have been taken into account under regulation 62 had the person to whom that income was paid not ceased to be a [F514full-time studentF514].F513]
[F515(7)Where any payment of earnings is taken into account under paragraph (4C) of regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings), over the period specified in that paragraph, the amount to be taken into account shall be equal to the amount of the payment.F515]
Weekly amount of charitable or voluntary paymentI32
F51633. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incomplete weeks of benefitI33
F51734. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER IIIemployed earners
Earnings of employed earnerscross-notesI34
35.—(1)[F518Subject to paragraphs (2) and (3),F518] “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—
(a)any bonus or commission;
(b)any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;
(c)F519any payment in lieu of notice ...;
(d)any holiday pay except any payable more than four weeks after the termination or interruption of employment but this exception shall not apply to a claimant to whom [F520section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).F520]
(e)any payment by way of a retainer;
(f)any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of—
(i)travelling expenses incurred by the claimant between his home and place of employment;
(ii)expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home;
(g)any award of compensation made under section [F521112(4) or 117(3)(a) of the Employment Rights Act 1996 (the remedies: orders and compensation, enforcement of order and compensation)F521] ;
[F522(gg)any payment or remuneration made under section 28, 34, 64, 68 or 70 of the Employment Rights Act 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to employment tribunals);F522]
(h)any such sum as is referred to in section [F523112(3) of the Contributions and Benefits ActF523] (certain sums to be earnings for social security purposes).
[F524(i)where—
F525(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)a payment of compensation is made in respect of employment which is part-time employment, the amount of the compensation.F524]
[F526(j)the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with [F527Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001F527].F526]
F528(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) “Earnings” shall not include—
(a)[F529subject to paragraph (2A),F529] any payment in kind;
(b)any remuneration paid by or on behalf of an employer to the claimant[F530in respect of a period throughout which the claimant is on maternity leave[F531, paternity leave[F532, adoption leave[F533, shared parental leave[F534, neonatal care leaveF534] or parental bereavement leaveF533,F532,F531]]] or is absent from work because he is illF530] ;
(c)any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
(d)any occupational pension.
[F535(e)any lump sum payment made under the Iron and Steel Re-adaptation Benefits SchemeF535]
[F536(f)any payment in respect of expenses arising out of the [F537claimant participating as a service userF537].F536]
[F538(2A)Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(j).F538]
[F539(3)In this regulation—
(a)“compensation” means any payment made in respect of or on the termination of employment in a case where a person has not received or received only part of a payment in lieu of notice due or which would have been due to him had he not waived his right to receive it, other than—
(i)any payment specified in paragraph (1)(a) to (h);
(ii)any payment specified in paragraph (2)(a) to [F540(e)F540];
(iii)any redundancy payment within the meaning of section [F541135(1) of the Employment Rights Act 1996F541], and
(iv)any refund of contributions to which that person was entitled under an occupational pension scheme within the meaning of section 66(1) of the Social Security Pensions Act 1975;
[F542(v) any compensation payable by virtue of section 173 or section 178(3) or (4) of the Education Reform Act 1988.F542]
F543(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)“part-time employment” means employment in which a person is not to be treated as engaged in remunerative work under regulation 5 or [F5446(1)F544][F545and (4)F545] (persons treated, or not treated, as engaged in remunerative work).F539]
Calculation of net earnings of employed earnersI35
36.—(1) For the purposes of regulation 29 (calculation of earnings of employed earners) the earnings of a claimant derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings.
(2) There shall be disregarded from a claimant's net earnings, any sum, where applicable, specified in paragraphs 1 to 13 [F546or 15AF546] of Schedule 8.
(3) For the purposes of paragraph (1) net earnings shall be calculated by taking into account the gross earnings of the claimant from that employment less—
(a)any amount deducted from those earnings by way of—
(i)income tax;
(ii)F547primary Class 1 contributions under the Social Security Act; and
(b)one-half of any sum paid by the claimant[F548in respect of a pay periodF548] by way of a contribution towards an occupational or personal pension scheme.
CHAPTER IVself-employed earners
Earnings of self-employed earnerscross-notesI36
37.—(1) Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under section 2 of the Employment and Training Act 1973F549[F550or section 2 of the Enterprise and New Towns (Scotland) Act 1990F550] to the claimant for the purpose of assisting him in carrying on his business.
[F551(2)“Earnings” shall not include—
(a)where a claimant is involved in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge;F551]
[F552(b)any payment to which paragraph [F55326, 27 or 27AF553] of Schedule 9 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisation[F554, paymentsF554] made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care [F555and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance)F555]).F552]
[F556(ba)any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
(i)to a claimant; or
(ii)where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;F556]
[F557(c)any sports award.F557]
[F558(3)This paragraph applies only where A—
(a)was formerly in the claimant’s care;
(b)is aged 16 or over; and
(c)continues to live with the claimant.F558]
Calculation of net profit of self-employed earnersI37
38.—(1) For the purposes of regulation 30 (calculation of earnings of self-employed earners), the earnings of a claimant to be taken into account shall be—
(a)in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;
(b)F559in the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975, his share of the net profit derived from that employment less—
(i)an amount in respect of income tax and of social security contributions payable under the Social Security Act calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and
(ii)[F560one half of any premium paid [F561in the period that is relevant under regulation 30F561] in respect of F562... a personal pension schemeF560] .
F563(2) There shall be disregarded from a claimant's net profit any sum, where applicable, specified in paragraphs 1 to 13 ... of Schedule 8.
(3) For the purposes of paragraph (1) (a) the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment over the period determined under regulation 30 (calculation of earnings of self-employed earners) less—
(a)subject to paragraphs (5) to (7), any expenses wholly and exclusively defrayed in that period for the purposes of that employment;
(b)an amount in respect of—
(i)income tax; and
(ii)social security contributions payable under the Social Security Act, calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and
(c)[F560one half of any premium paid [F564in the period that is relevant under regulation 30F564] in respect of F565... a personal pension schemeF560] .
(4) For the purposes of paragraph (1) (b), the net profit of the employment shall be calculated by taking into account the earnings of the employment over the period determined under regulation 30 less, subject to paragraphs (5) to (7), any expenses wholly and exclusively defrayed in that period for the purposes of that employment.
(5) Subject to paragraph (6), no deduction shall be made under paragraph (3) (a) or (4) in respect of—
(a)any capital expenditure;
(b)the depreciation of any capital asset;
(c)any sum employed or intended to be employed in the setting up or expansion of the employment;
(d)any loss incurred before the beginning of the period determined under regulation 30 (calculation of earnings of self-employed earners);
(e)the repayment of capital on any loan taken out for the purposes of the employment;
(f)any expenses incurred in providing business entertainment.
(6) A deduction shall be made under paragraph (3) (a) or (4) in respect of the repayment of capital on any loan used for—
(a)the replacement in the course of business of equipment or machinery; and
(b)the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
(7)[F566The Secretary of StateF566] shall refuse to make a deduction in respect of any expenses under paragraph (3) (a) or (4) where he is not satisfied that the expense has been defrayed or, having regard to the nature of the expense and its amount, that it has been reasonably incurred.
(8) For the avoidance of doubt—
(a)a deduction shall not be made under paragraph (3) (a) or (4) in respect of any sum unless it has been expended for the purposes of the business;
(b)a deduction shall be made thereunder in respect of—
(i)the excess of any VAT paid over VAT received in the period determined under regulation 30 (calculation of earnings of self-employed earners);
(ii)any income expended in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair;
(iii)any payment of interest on a loan taken out for the purposes of the employment.
(9) Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one-third of the earnings of that employment, less—
(a)an amount in respect of—
(i)income tax; and
(ii)social security contributions payable under the Social Security Act, calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and
(b)[F560one half of any premium paid in respect of F567... a personal pension schemeF560] .
(10) Notwithstanding regulation 30 (calculation of earnings of self-employed earners) and the foregoing paragraphs, [F568the Secretary of StateF568] may assess any item of a claimant's income or expenditure over a period other than that determined under regulation 30 as may, in the particular case, enable the weekly amount of that item of income or expenditure to be determined more accurately.
(11) For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
F569(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deduction of tax and contributions for self-employed earnersI38
F57039.—(1) The amount to be deducted in respect of income tax under regulation 38 (1) (b) (i), (3) (b) (i) or (9) (a) (i) (calculation of net profit of self-employed earners) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at ... [F571the basic rate[F572, or in the case of a Scottish taxpayer, the Scottish basic rate,F572] of taxF571] less only the [F573personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as areF573] appropriate to his circumstances; but, if the period determined under regulation 30 (calculation of earnings of self-employed earners) is less than a year, [F574the earnings to which the [[F575,F576basicF576] rateF575][F577, or the Scottish basic rate,F577]F578... of tax is to be applied andF574] the amount of the [F579personal reliefsF579] deductible under this paragraph shall be calculated on a pro rata basis.
(2) The amount to be deducted in respect of social security contributions under regulation 38(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of—
F580(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F581(b)the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.F581]
(3) In this regulation “chargeable income” means—
(a)except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (3) (a) or, as the case may be, (4) of regulation 38;
(b)in the case of employment as a child minder, one-third of the earnings of that employment.
[F582CHAPTER IVAPARTICIPANTS IN THE SELF-EMPLOYMENT ROUTEF583...
Interpretationcross-notes
39A.In this Chapter—
F584...
“special account" means, where a person was carrying on a commercial activity in respect of which assistance is received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.
Treatment of gross receipts of participants in the self-employment routeF585...
39B.The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.
Calculation of income of participants in the self-employment routeF586...
39C.—(1)The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies—
(a)an amount in respect of income tax calculated in accordance with regulation 39D (deduction in respect of tax for participants in the self-employment routeF587...); and
(b)any sum to which paragraph (4) refers.
(2)Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.
(3)Income calculated pursuant to paragraph (1) shall be treated as paid—
(a)in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner first claims income support following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
(b)in any other case, on the first day of the benefit week in which it is due to be paid.
(4)This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 4 to 6B and 9 of Schedule 8 had the income been earnings.
Deduction in respect of tax for participants in the self-employment routeF588...
39D.—(1)The amount to be deducted in respect of income tax under regulation 39C(1)(a) (calculation of income of participants in the self-employment routeF589...) in respect of the period determined under regulation 39C(2) shall be calculated as if—
(a)the chargeable income is the only income chargeable to tax;
[F590(b)the personal reliefs applicable to the person receiving assistance under the self-employment route under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 are allowable against that income;F590]
(c)the rate at which the chargeable income less the personal [F591reliefsF591] is assessable to income tax is F592... the basic rate[F593, or in the case of a Scottish taxpayer, the Scottish basic rate,F593] of tax.
(2)For the purpose of paragraph (1), the [[F594,F595basicF595] rateF594][F596, or the Scottish basic rate,F596] of tax to be applied and the amount of the [F597personal reliefsF597] deductible shall, where the period determined under regulation 39C(2) is less than a year, be calculated on a pro rata basis.
(3)In this regulation, “chargeable income" means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.F582]
CHAPTER Vother income
Calculation of income other than earningsI39
F59840.—(1) For the purposes of regulation 29 (calculation of income other than earnings) ... the income of a claimant which does not consist of earnings to be taken into account shall, subject to [F599paragraphs (2) to (3B)F599] , be his gross income and any capital treated as income under [F600regulationsF601... 41 and 44 (F601... capital treated as income and modifications in respect of children and young persons)F600][F600regulation 41 (capital treated as income)F600] .
(2) There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 9.
F602(3) Where the payment of any benefit under the benefit Acts is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.
[F603(3A)[F604Paragraphs (3AA) and (3AAA) applyF604] where—
(a)a relevant payment has been made to a person in an academic year; and
(b)that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.
(3AA)[F605Where a relevant payment is made quarterly, theF605] amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula—
where—
A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 66A(5);
B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;
C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 66A(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to income support immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to income support;
D = the number of benefit weeks in the assessment period.
[F606(3AAA)Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula in paragraph (3AA) but as if—
A = the total amount of relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 66A(5).F606]
(3AB)[F607In this regulationF607]—
“academic year” and “student loan” shall have the same meanings as for the purposes of Chapter VIII of this Part;
[F608“assessment period” means—
(a)in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;
(b)in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—
(i)the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued; or
(ii)the last day of the last quarter for which an instalment of the relevant payment was payable to that person,
whichever of those dates is earlier;F608]
[F609“quarter” in relation to an assessment period means a period in that year beginning on—
(a)1st January and ending on 31st March;
(b)1st April and ending on 30th June;
(c)1st July and ending on 31st August; or
(d)1st September and ending on 31st December;F609]
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 62(3B) or both.F603]
[F610(3B)In the case of income to which regulation 29(2B) applies (calculation of income of former students), the amount of income to be taken into account for the purposes of paragraph (1) shall be the amount of that income calculated in accordance with regulation 32(6A) and on the basis that none of that income has been repaid.F610]
(4)[F611Subject to paragraph (5)F611] for the avoidance of doubt there shall be included as income to be taken into account under paragraph (1) [F612—
(a)any payment to which regulation 35(2) or 37(2) (payments not earnings) applies; or
(b)in the case of a claimant who 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, the amount of such support provided in respect of essential living needs of the claimant and his [F613dependantsF613][F613partnerF613] (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act;F612]
[F614(5)In the case of a claimant who 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, there shall not be included as income to be taken into account under paragraph (1) the amount of 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.F614]
[F615(6)Where the claimant—
(a)is a member of a couple;
(b)his partner is receiving a contributory employment and support allowance; and
(c)that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations[F616or section 11J of the Welfare Reform Act as the case may beF616],
the amount of that benefit to be taken into account is the amount as if it had not been so reduced.F615]
Capital treated as incomeI40
41.[F617—(1)Capital which is payable by instalments which are outstanding on–
(a)the first day in respect of which income support is payable or the date of the determination of the claim, whichever is earlier; or
(b)in the case of a supersession, the date of that supersession,
shall be treated as income if the aggregate of the instalments outstanding and the amount of the claimant’s capital otherwise calculated in accordance with Chapter VI of this Part exceedsF618... £16,000.F617]
(2) Any payment received under an annuity shall be treated as income.
(3)[F619In the case of a person to whom section 23 of the Act (trade disputes) applies [F620or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)F620], any payment under [[F621,F622section 17, 23B, 23C or 24A of the Children Act 1989F622] or, as the case may be, [F623section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995F623] (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) shall be treated as incomeF621].F619]
[F624(4)In the case of a person to whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of that Act (effect of return to work), any amount by way of repayment of income tax deducted from his emoluments in pursuance of section 203 of the Income and Corporation Taxes Act 1988, shall be treated as income.F624]
[F625(5)Any earnings to the extent that they are not a payment of income shall be treated as income.F625]
[F626(6)Any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 shall be treated as income.F626]
[F627(7)Where an agreement or court order provides that payments shall be made to the claimant in consequence of any personal injury to the claimant and that such payments are to be made, wholly or partly, by way of periodical payments, any such periodical payments received by the claimant (but not a payment which is treated as capital by virtue of this Part), shall be treated as income.F627]
Notional incomecross-notesI41
42.[F628—(1)A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance.F628]
(2) Except in the case of—
(a)a discretionary trust;
(b)a trust derived from a payment made in consequence of a personal injury;
[F629(c)jobseeker’s allowance;F629]
[F630(d)[F631child benefit to which paragraph (2D) refers;F631,F630]]
(e)[F632working tax creditF632] ;
(f)[F633child tax creditF633] ,
[F634(g)a personal pension scheme[F635, occupational pension schemeF635][F636, F637... or a payment made by the Board of the Pension Protection FundF636] where the claimant[F638has not attained the qualifying age for state pension creditF638],F634]
[F639(ga)any sum to which paragraph (8ZA) applies;F639]
F640(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F641(i)any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);
(ia)any sum to which paragraph 45(a) of Schedule 10 refers; orF641]
[F642(j)rehabilitation allowance made under section 2 of the Employment and Training Act 1973.F642]
income which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which [F643it could be expected to be acquired were an application madeF643] .
[F644(2ZA)A claimant who has attained the [F645qualifying age for state pension creditF645] shall be treated as possessing—
(a)the amount of any income from an occupational pension scheme, [F646a personal pension schemeF647... or the Board of the Pension Protection FundF646]—
(i)for which no claim has been made, and
(ii)to which he might expect to be entitled if a claim for it were made;
(b)income from an occupational pension scheme which the claimant elected to defer,
but only from the date on which it could be expected to be acquired were an application for it to be made.F644]
[F648(2A)This paragraph applies where a person [F649who has attained the qualifying age for state pension creditF649]—
(a)is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;
(b)fails to purchase an annuity with the funds available in that scheme; and
(c)either—
(i)defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
(ii)fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
(iii)income withdrawal is not available to him under that scheme.
(2AA)Where paragraph (2A) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.F648]
[F650(2B)The amount of any income foregone in a case [F651where paragraph (2A)(c)(i) or (ii)F651] applies shall be the [F652rate of the annuity which may have been purchased with the fundF652] and shall be determined by the [F653Secretary of StateF653] who shall take account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987.
(2C)The amount of any income foregone in a case [F654where paragraph (2A)(c)(iii)F654] applies shall be the income that the [F655personF655] could have received without purchasing an annuity had the funds held under the [F656relevant occupational or personal pension schemeF656]F657... been held [F658under a schemeF658] where income withdrawal was available and shall be determined in the manner specified in paragraph (2B).F650]
[F659(2CA)In paragraph (2A), “money purchase benefits” has the meaning it has in the Pension Schemes Act 1993.F659]
[F660(2D)[F661This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.F661,F660]]
(3) Except in the case of a discretionary trust, or a trust derived from a payment made in consequence of a personal injury, any income which is due to be paid to the claimant but—
(a)has not been paid to him;
(b)is not a paymentprescribed in regulation[F6628 or 9F662] of the Social Security (Payments on Account, Overpayment and Recovery) Regulations[F6621988F662] (duplication and prescribedpayments or maintenance payments) and not made on or before the date prescribed in relation to it,
shall [F663except for any amount to which paragraph (3A) [F664, (3B) or (3C)F664] appliesF663] be treated as possessed by the claimant.
[F665(3A)This paragraph applies to an amount which is due to be paid to the claimant under an occupational pension scheme but which is not paid because the trustees or managers of the scheme have suspended or ceased paymentsF666... due to an insufficiency of resources.F665]
[F665(3B)This paragraph applies to any amount by which a payment made to the claimant from an occupational pension scheme falls short of the payment to which he was due under the scheme where the shortfall arises because the trustees or managers of the scheme have insufficient resources available to them to meet in full the scheme’s liabilitiesF667....F665]
[F668(3C)This paragraph applies to any earnings which are due to an employed earner on the termination of his employment by reason of redundancy but which have not been paid to him.F668]
[F669(4)[F670Any payment of income, other than a payment of income specified in [F671paragraph (4ZA) or (4ZB)F671,F670]], made—
(a)to a third party in respect of a single claimant or [F672in respect of a member of the familyF672][F672his partnerF672] (but not a member of the third party’s family) shall be treated—
(i)in a case where that payment is derived from a payment of any benefit under the benefit Acts, [F673a payment from the Armed Forces and Reserve Forces Compensation Scheme,F673] a war disablement pension[F674, war widow’s pension[F675or war widower’s pensionF675] or a pension payable to a person as a [F676widow, widower or surviving civil partnerF676] under F677... 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,F674] as possessed by that single claimant, if it is paid to him, [F678or by that member, if it is paid to any member of that familyF678][F678or by his partner, if it is paid to his partnerF678];
[F679(ia)in a case where that payment is a payment of an occupational pension[F680, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection FundF680], as possessed by that single claimant or, as the case may be, by [F681that memberF681][F681the claimant’s partnerF681];F679]
(ii)in any other case, as possessed by that single claimant[F682or by that memberF682][F682or his partnerF682] to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent F683... for which housing benefit is payable, [F684orF684]F685... any housing costs to the extent that they are met under regulations 17(1)(e) or 18(1)(f) (housing costs) F686... F687... F688...), of that single claimant or, as the case may be, [F682of any member of that familyF682][F682of his partnerF682][F689, or is used for any [F690council taxF690] or water charges for which that claimant or [F682member is liableF682][F682partner is liableF682];F689]
(b)[F691to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family;F691]
[F691to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;F691]
but, except where sub-paragraph (a)(i) applies and in the case of a person to whom section 23 of the Act (trade disputes) applies, this paragraph shall not apply to any payment in kind [F692to the third partyF692].F669]
[F693(4ZA)Paragraph (4) shall not apply in respect of a payment of income made—
(a)under [F694or byF694] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust[F695, MFET LimitedF695][F696, the Skipton Fund, the Caxton FoundationF696][F697, the Scottish Infected Blood Support SchemeF697][F698, an approved blood schemeF698][F699, the London Emergencies Trust, the We Love Manchester Emergency FundF699][F700, the National Emergencies TrustF700] or the Independent Living [F701Fund (2006)F701];
(b)pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal); or
(c)pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—
(i)in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
(ii)in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
[F702(iia)in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF703...; orF702]
(iii)in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.F693]
[F704(ca)in respect of a person’s participation in [F705a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013F705] or the Mandatory Work Activity Scheme; orF704]
[F706(d)under an occupational pension scheme [F707, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection FundF707] where—
(i)a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980;
(ii)the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
(iii)the person referred to in (i) and [F708any member of his familyF708][F708his partner (if any)F708] does not possess, or is not treated as possessing, any other income apart from that payment.F706]
[F709(4ZB)Paragraph (4) shall not apply in respect of [F710any of the following payments of income—F710]
(a)a Grenfell Tower payment;
(b)a child abuse payment;F709]
[F711(c)a Windrush payment;
(d)a Post Office compensation payment;
(e)an LGBT Financial Recognition Scheme payment.F711]
[F712(4A)Where the claimant[F713resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospitalF713], any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant[F714or a member of his family in that home shall be treated as possessed by the claimant or by that member of his familyF714][F714or his partner in that home [F715or hospitalF715] shall be treated as possessed by the claimant or his partnerF714].F712]
(5) Where a claimant's earnings are not ascertainable at the time of the determination of the claim or of any [F716revision or supersession the Secretary of StateF716] shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.
[F717(5A)Where the amount of a subsistence allowance paid to a claimant in a benefit week is less than 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, he shall be treated as possessing the amount which is equal to the amount of income-based jobseeker’s allowance which he would have received in that week, less 50p.F717]
(6)[F718Subject to paragraph (6A),F718] where—
(a)a claimant performs a service for another person; and
(b)that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,
F720the [F719Secretary of StateF719] shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies him that the means of that person are insufficient for him to pay or to pay more for the service... .
[F721(6A)Paragraph (6) shall not apply—
(a)to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the [F722Secretary of StateF722] is satisfied in any of those cases that it is reasonable for him to provide the service free of charge;
[F723(b)in a case where the service is performed in connection with–
(i)the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996[F724, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF725...F724]; or
(ii)the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; orF723]
(c)to a claimant who is engaged in work experience whilst participating in—
(i)the New Deal for Lone Parents; or
(ii)a scheme which has been approved by the Secretary of State as supporting the objectives of the New Deal for Lone ParentsF726...[F727; or
(d)to a claimant who is participating in a work placement approved by the Secretary of State (or a person providing services to the Secretary of State) before the placement starts.F727]
[F727(6AA)In paragraph (6A)(d) “work placement” means practical work experience which is not undertaken in expectation of payment.F727]
F728(6B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F728(6C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F721]
(7) Where a claimant is treated as possessing any income under any of [F729paragraphs (1) to (4A)F729] the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.
(8) Where a claimant is treated as possessing any earnings under paragraph (5) or (6) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that paragraph (3) of regulation 36 (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less—
(a)an amount in respect of income tax equivalent to an amount calculated by applying to those earnings[F730, F731 ... the basic rate[F732, or in the case of a Scottish taxpayer, the Scottish basic rate,F732] of taxF730] in the year of assessment less only the [F733personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as areF733] appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, [F734the earnings to which the [[F735,F736basicF736] rateF735][F737, or the Scottish basic rate,F737]F738... of tax is to be applied andF734] the amount of the [F739personal reliefsF739] deductible under this paragraph shall be calculated on a pro rata basis;
[F740(b)where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages in accordance with section 8(1) (a) and (b) of that Act; andF740]
(c)one-half of any sum payable by the claimant[F741in respect of a pay periodF741] by way of a contribution towards an occupational or personal pension scheme.
[F742(8ZA)Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the [F743claimant participating as a service userF743].F742]
[F744(8A)In paragraphs (3A) and (3B) the expression “resources” has the same meaning as in the Social Security Pensions Act 1975 by virtue of section 66(1) of that Act.F744]
[F745(9)In paragraph (4) the expression “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.F745]
Notional earnings of seasonal workersI42
F74643. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modifications in respect of children and young personsI43
44.—(1)Any capital of a child or young person payable by instalments which are outstanding on–
(a)the first day in respect of which income support is payable or at the date of the determination of the claim, whichever is the earlier; or
(b)in the case of a supersession, the date of that supersession,
shall be treated as income if the aggregate of the instalments outstanding and the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant would exceed £3,000.F748]
(2)In the case of a child or young person who is residing at an educational establishment at which he is receiving relevant education—
(a)any payment made to the educational establishment, in respect of that child's 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, shall be treated as income of that child or young person but it shall only be taken into account over periods during which that child or young person is present at that educational establishment; and
(b)if a payment has been so made, for any period in a benefit week in term-time during which that child or young person returns home, he shall be treated as possessing an amount of income in that week calculated by multiplying the amount of [F749personal allowance, any disabled child premium and any enhanced disability premiumF749] applicable in respect of that child or young person by the number equal to the number of days in that week in which he was present at his educational establishment and dividing the product by seven; but this sub-paragraph shall not apply where the educational establishment is provided under section 8 of the Education Act 1944F750 (duty of local authority to secure primary and secondary schools) by a local education authority or where the payment is made under section 49 or 50 of the Education (Scotland) Act 1980F751 (power of education authority to assist persons).
(3)Where a child or young person—
(a)is resident at an educational establishment and he is wholly or partly maintained at that establishment by a local education authority under section 8 of the Education Act 1944; or
(b)is maintained at an educational establishment under section 49 or 50 of the Education (Scotland) Act 1980,
he shall for each day he is present at that establishment be treated as possessing an amount of income equal to the sum obtained by dividing the amount of [F749personal allowance, any disabled child premium and any enhanced disability premiumF749] applicable in respect of him by seven.
(4)Where the income of a child or young person who is a member of the claimant's family calculated in accordance with [F752Chapters I to VF752] of this Part exceeds the amount of the [F749personal allowance, any disabled child premium and any enhanced disability premiumF749] applicable in respect of that child or young person, the excess shall not be treated as income of the claimant.
(5)Where the capital of a child or young person if calculated in accordance with Chapter VI of this Part in like manner as for the claimant, [F753except as provided in paragraph (1)F753], would exceed £3,000, any income of that child or young person shall not be treated as income of the claimant.
(6)In calculating the net earnings or net profit of a child or young person there shall be disregarded, (in addition to any sum which falls to be disregarded under paragraphs 11 to 13), any sum specified in paragraphs 14 and 15 of Schedule 8 (earnings to be disregarded).
(7)Any income of a child or young person which is to be disregarded under Schedule 9 (income other than earnings to be disregarded) shall be disregarded in such manner as to produce the result most favourable to the claimant.
(8)Where a child or young person is treated as possessing any income under paragraphs (2) and (3) the foregoing provisions of this Part shall apply for the purposes of calculating that income as if a payment had actually been made and as if it were actual income which he does possess.
[F754(9)For the purposes of this regulation, a child or young person shall not be treated as present at his educational establishment on any day if on that day he spends the night with the claimant or a member of his household.F754,F747]]
CHAPTER VIcapitalcross-notes
[F755Capital limitcross-notesI44
45.For the purposes of section 134(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount is £16,000.F755]
Calculation of capitalI45
46.—(1) For the purposes of Part II of the Act as it applies to income support, the capital of a claimant to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part and any income treated as capital under [F756regulation 48 (income treated as capital).F756]
(2) There shall be disregarded from the calculation of a claimant's capital under paragraph (1) any capital, where applicable, specified in Schedule 10.
Disregard of capital of child or young personI46
47.[F757The capital of a child or young person who is a member of the claimant's family shall not be treated as capital of the claimant.F757]
Income treated as capitalI47
F75848.—(1) Any ... bounty derived from employment to which paragraph 7 of Schedule 8 applies [F759and paid at intervals of at least one yearF759] shall be treated as capital.
(2) Except in the case of an amount to which section 23(5) (a) (ii) of the Act (refund of tax in trade disputes cases) [F760or regulation 41(4) (capital treated as income)F760] applies, any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.
(3) Any holiday pay which is not earnings under regulation 35(1) (d) (earnings of employed earners) shall be treated as capital.
(4) Except any income derived from capital disregarded under paragraph 1, 2, 4, 6, [F76112 [F762, 25 to 28, 44 or 45F762,F761]] of Schedule 10, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant's account.
(5) Subject to paragraph (6), in the case of employment as an employed earner, any advance of earnings or any loan made by the claimant's employer shall be treated as capital.
[F763(6)Paragraph (5) shall not apply to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) (effect of return to work).F763]
F764,F765(7) Any payment under section 30 of the Prison Act 1952 (payments for discharged prisoners) or allowance under section 17 of the Prisons (Scotland) Act 1952 (allowances to prisoners on discharge) shall be treated as capital.
[F766(8)[F767Any payment made by a local authority, which represents arrears of payments under—
(a)paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order); or
(b)section 34(6) or as the case may be, section 50 of the Children Act 1975 (payments towards maintenance for children),
shall be treated as capital.F767]
(8A)[F768Any payment made by an authority, as defined in Article 2 of the Children Order which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), shall be treated as capital.F768,F766]]
[F769(9)Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.F769]
[F769(10)This paragraph applies to a payment—
(a)which is made to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work) [F770or to a member of the familyF770][F770or to the partnerF770] of such a person;
[F771(ab)which is a Grenfell Tower payment;F771]
[F772(ac)which is a child abuse payment;
(ad)which is a Windrush payment; F773...F772]
[F774(ae)which is a Post Office compensation payment;F774]
[F775(af)which is an LGBT Financial Recognition Scheme payment;F775]
(b)[F776to which regulation 44(2) (modification in respect of children and young persons) applies; orF776]
(c)which is made under [F777or byF777] the Macfarlane Trust[F778, the Macfarlane (Special Payments) TrustF778][F779, the Macfarlane (Special Payments) (No. 2) TrustF779][F780, the FundF780][F781, the Eileen TrustF781][F782, MFET LimitedF782][F783, the Skipton Fund, the Caxton FoundationF783][F784, the Scottish Infected Blood Support SchemeF784][F785, an approved blood schemeF785][F786, the London Emergencies Trust, the We Love Manchester Emergency FundF786][F787, the National Emergencies TrustF787][F788, the Victims of Overseas Terrorism Compensation SchemeF788] or [F789the Independent Living [F790Fund (2006)F790,F789]].F769]
F791(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F792(12)Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.F792]
[F793Calculation of capital in the United KingdomI48
49.Capital which a claimant possesses in the United Kingdom shall be calculated at its current market or surrender value less—
(a)where there would be expenses attributable to sale, 10 per cent; and
(b)the amount of any incumbrance secured on it.F793]
Calculation of capital outside the United KingdomI49
50. Capital which a claimant possesses in a country outside the United Kingdom shall be calculated—
(a)in a case in which there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;
(b)in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,
less, where there would be expenses attributable to sale, 10 per cent and the amount of any incumbrance secured on it.
Notional capitalcross-notesI50
51.—(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit [F794except–
(a)where that capital is derived from a payment made in consequence of any personal injury and is placed on trust for the benefit of the claimant; or
(b)to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 51A (diminishing notional capital rule)F794][F795orF795]
[F796(c)any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);
(d)any sum to which paragraph 45(a) of Schedule 10 refers.F796]
(2) Except in the case of—
(a)a discretionary trust;
(b)a trust derived from a payment made in consequence of a personal injury; or
(c)any loan which would be obtainable only if secured against capital disregarded under Schedule 10, [F797or
(d)a personal pension schemeF798...F797][F799orF799]
[F800(da)an occupational pension scheme [F801or a payment made by the Board of the Pension Protection FundF801] where the claimant[F802has not attained the qualifying age for state pension creditF802]; orF800]
[F803(e)any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 44(1)(a); or
(f)any sum to which paragraph 45(a) of Schedule 10 refers,F803]
any capital which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which [F804it could be expected to be acquired were an application madeF804]
[F805(3)[F806Any payment of capital, other than a payment of capital specified in [F807paragraph (3A) or (3B)F807,F806]], made—
(a)to a third party in respect of a single claimant or [F808in respect of a member of the familyF808][F808his partnerF808] (but not a member of the third party’s family) shall be treated—
(i)in a case where that payment is derived from a payment of any benefit under the benefit Acts, [F809a payment from the Armed Forces and Reserve Forces Compensation Scheme,F809] a war disablement pension[F810, war widow’s pension[F811or war widower’s pensionF811] or a pension payable to a person as a [F812widow, widower or surviving civil partnerF812] under F813... 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 who have died in consequence of service as members of the armed forces of the Crown,F810] as possessed by that single claimant, if it is paid to him, [F814or by that member if it is paid to any member of the familyF814][F814or by his partner, if it is paid to his partnerF814];
[F815(ia)in a case where that payment is a payment of an occupational pension[F816, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection FundF816], as possessed by that single claimant or, as the case may be, by [F817that memberF817][F817the claimant’s partnerF817];F815]
(ii)in any other case, as possessed by that single claimant[F818or by that memberF818][F818or his partnerF818] to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent F819... for which housing benefit [F820is payable orF820]F821... any housing costs to the extent that they are met under regulation 17(1)(e) and 18(1)(f) (housing costs) F822..., of that single claimant or, as the case may be, [F818of any member of that familyF818][F818of his partnerF818][F823, or is used for any [F824council taxF824] or water charges for which that claimant or [F818member is liableF818][F818partner is liableF818,F823]];
(b)[F825to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.F825,F805]]
[F825to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner.F825]
[F826(3A)Paragraph (3) shall not apply in respect of a payment of capital made—
(a)under [F827or byF827] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust[F828, MFET LimitedF828][F829, the Independent Living [F830Fund (2006)F830][F831, the Skipton Fund[F832, the Caxton FoundationF832][F833, the Scottish Infected Blood Support SchemeF833][F834, an approved blood schemeF834][F835, the London Emergencies Trust, the We Love Manchester Emergency FundF835][F836, the National Emergencies TrustF836][F837, the Victims of Overseas Terrorism Compensation SchemeF837] or the London Bombings Relief Charitable FundF831,F829]];
(b)pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—
(i)in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
(ii)in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
[F838(iia)in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF839...; orF838]
(iii)in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.F826]
[F840(ba)in respect of a person’s participation in [F841a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013F841] or the Mandatory Work Activity Scheme;F840]
[F842(c)under an occupational pension scheme [F843, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection FundF843] where—
(i)a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980;
(ii)the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
(iii)the person referred to in (i) and [F844any member of his familyF844][F844his partner (if any)F844] does not possess, or is not treated as possessing, any other income apart from that payment.F842]
[F845(3B)Paragraph (3) shall not apply in respect of [F846any of the following payments of capital—F846]
(a)a Grenfell Tower payment;
(b)a child abuse payment;F845]
[F847(c)a Windrush payment;
(d)a Post Office compensation payment;
(e)a vaccine damage payment;
(f)an LGBT Financial Recognition Scheme payment.F847]
(4) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—
(a)the value of his holding in that company shall, notwithstanding regulation 46 (calculation of capital), be disregarded; and
(b)he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.
(5) For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.
(6) Where a claimant is treated as possessing capital under any of paragraphs (1) to (4), the foregoing provisions of this Chapter shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.
[F848(7)For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.F848]
[F849(8)In paragraph (3) the expression “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.F849]
[F850Diminishing notional capital rule
51A.—(1)Where a claimant is treated as possessing capital under regulation 51(1) (notional capital), the amount which he is treated as possessing–
(a)in the case of a week that is subsequent to–
(i)the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or
(ii)a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (2);
(b)in the case of a week in respect of which paragraph (1)(a) does not apply but where–
(i)that week is a week subsequent to the relevant week, and
(ii)that relevant week is a week in which the condition in paragraph (3) is satisfied,
shall be reduced by the amount determined under paragraph (3).
(2)This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that–
(a)he is in receipt of income support; and
(b)but for regulation 51(1), he would have received an additional amount of income support in that benefit week or, as the case may be, that part week;
and in such a case, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to that additional amount.
(3)Subject to paragraph (4), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to income support in the relevant week, but for regulation 51(1), and in such a case the amount of the reduction shall be equal to the aggregate of–
(a)the amount of income support to which the claimant would have been entitled in the relevant week but for regulation 51(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient by 7;
(b)the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of [F851the Housing Benefit Regulations 2006F851] (interpretation), which includes the last day of the relevant week;
F852(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F853(d)the amount of council tax benefit (if any) equal to the difference between his maximum council tax benefit and the amount (if any) of council tax benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” [F854means a period of 7 consecutive days beginning on a Monday and ending on a SundayF854].F853]
(4)The amount determined under paragraph (3) shall be re-determined under that paragraph if the claimant makes a further claim for income support and the conditions in paragraph (5) are satisfied, and in such a case–
(a)sub-paragraphs [F855(a) to (d)F855] of paragraph (3) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
(b)subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
(5)The conditions are that–
(a)a further claim is made 26 or more weeks after–
(i)the date on which the claimant made a claim for income support in respect of which he was first treated as possessing the capital in question under regulation 51(1); or
(ii)in a case where there has been at least one re-determination in accordance with paragraph (4), the date on which he last made a claim for income support which resulted in the weekly amount being re-determined; or
(iii)the date on which he last ceased to be in receipt of income support; whichever last occurred; and
(b)the claimant would have been entitled to income support but for regulation 51(1).
(6)The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
(7)For the purpose of this regulation–
(a)“part-week” means a period to which sub-section (1A) of section 21 of the Act (amount etc. of income support) applies;
(b)“relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 51(1)–
(i)was first taken into account for the purpose of determining his entitlement to income support; or
(ii)was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to income support on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, income support;
and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;
(c)“relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.F850]
Capital jointly heldI51
Calculation of tariff income from capitalcross-notesI52
53.—(1)[F857Except where the circumstances prescribed in paragraph F858... (1B) apply to the claimant,F857] where the claimant's capital calculated in accordance with this Part exceeds [F859£6,000F859] it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of [F859£6,000F859] but not exceeding [F860£16,000F860] .
F861(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F862(1A)Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
(1B)For the purposes of paragraph (1A)F863..., the prescribed circumstances are that the claimant lives permanently in—
[F864(a)a care home or an independent hospital;F864]
[F864(b)an Abbeyfield Home;F864]
(c)accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care [F865by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the homeF865].
F866(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1C)For the purposes of paragraph (1B), a claimant shall be treated as living permanently in such home [F867, hospitalF867] or accommodation where he is absent—
(a)from a home[F867, hospitalF867] or accommodation referred to in sub-paragraph [F868(a) [F869or (b)F869,F868]] of paragraph (1B)—
(i)F870... in the case of a person over pensionable age, for a period not exceeding 52 weeks, and
(ii)in any other case, for a period not exceeding 13 weeks;
(b)from accommodation referred to in sub-paragraph (c) of paragraph (1B), where the claimant, with the agreement of the manager of the accommodation, intends to return to the accommodation in due course.F862]
(2) Notwithstanding [F871paragraphs (1)F872... and (lA)F871] , where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.
F873,F873(3) For the purposes of [F871paragraphs (1)F872... and (lA)F871] , capital includes any income treated as capital under regulations ... 48 and 60 (... income treated as capital and liable relativepayments treated as capital).
F874(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VIIF876[F875... liable relative paymentsF875]
InterpretationI53
54. In this Chapter, unless the context otherwise requires—
F877...
“claimant” includes a young claimant;
[F878“claimant’s family” shall be construed in accordance with section 137 of the contributions and Benefits Act 1992 (interpretation of part 7 and supplementary provisions);F878]
[F878“housing costs” means, those costs which may be met under regulation 17(1)(e) or 18(1)(f) (housing costs);F878]
“liable relative” means—
a spouse [F879, former spouse, civil partner or former civil partnerF879] of a claimant or of a member of the claimant's family;
a parent of a child or young person who is a member of the claimant's family or of a young claimant;
a person who has not been adjudged to be the father of a child or young person who is a member of the claimant's family or of a young claimant where that person is contributing towards the maintenance of that child, young person or young claimant and by reason of that contribution he may reasonably be treated as the father of that child, young person or young claimant;
a person liable to maintain another person [F880in the circumstances set out in section 78(6)(c) of the Social Security Administration Act 1992 (liability to maintain another person)F880] where the latter is the claimant or a member of the claimant's family,
and, in this definition, a reference to a child's, young person's or young claimant's parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;
[F878“ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms;F878]
F881“payment” means a periodical payment or any other payment made by or derived from a liable relative ... but it does not include any payment—
arising from a disposition of property made in contemplation of, or as a consequence of—
an agreement to separate; or
any proceedings for judicial separation, divorce or nullity of marriage; [F882orF882]
[F883any proceedings for separation, dissolution or nullity in relation to a civil partnership;F883]
made after the death of the liable relative;
made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and, in the case of a claimant who continues to be in receipt of income support at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification that any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;
[F884to which regulation 44(2) applies (modifications in respect of children and young persons);F884]
[F885made to a third party, or in respect of a third party, unless the payment is—
in relation to the claimant or the claimant’s [F886partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relativeF886]; and
F887... in respect of food, ordinary clothing or footwear, fuel, [F888rent for which housing benefit is payable, housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs),F888] council tax or water charges;F885]
in kind;
to, or in respect of, a child or young person who is to be treated as not being a member of the claimant's household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the same household);
which is not a periodical payment, to the extent that any amount of that payment—
has already been taken into account under this Part by virtue of a previous claim or determination; or
has been recovered under section 27(1) of the Act (prevention of duplication of payments) or is currently being recovered; or
at the time the determination is made, has been used by the claimant except where he has deprived himself of that amount for the purpose of securing entitlement to income support or increasing the amount of that benefit;
[F889to which paragraph 73 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) applies.F889]
“periodical payment” means—
F890a payment which is made or is due to be made at regular intervals ...;
in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;
any paymentF891[F892... that does not exceedF892] the amount of income support payable had that payment not been made;
any payment representing a commutation of payments to which sub-paragraphs (a) or (b) of this definition applies whether made in arrears or in advance,
but does not include a payment due to be made before the first benefit week pursuant to the claim which is not so made;
“young claimant” means a person aged 16 or over but under [F89320F893] who makes a claim for income support.
F894Treatment of ... liable relative paymentsI54
F89655.[F895Subject to regulation 55AF895] ... a payment shall—
(a)to the extent that it is not a payment of income, be treated as income;
(b)be taken into account in accordance with the following provisions of this Chapter.
[F897Disregard of payments treated as not relevant income
55A.Where the Secretary of State treats any payment as not being relevant income for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.F897]
Period over which periodical payments are to be taken into accountI55
56.—(1) The period over which a periodical payment is to be taken into account shall be—
(a)in a case where the payment is made at regular intervals, a period equal to the length of that interval;
(b)in a case where the payment is due to be made at regular intervals but is not so made, such number of weeks as is equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing the amount of that payment by the weekly amount of that periodical payment as calculated in accordance with regulation 58(4) (calculation of the weekly amount of a liable relative payment);
(c)in any other case, a period equal to a week.
(2) The period under paragraph (1) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is to be treated as paid).
[F898Period over which payments other than periodical payments are to be taken into account
57.—(1)The period over which a payment other than a periodical payment (a “non-periodical payment”) is to be taken account shall be determined as follows.
(2)Except in a case where paragraph (4) applies, the number of weeks over which a non-periodical payment is to be taken into account shall be equal to the number obtained by dividing that payment by the amount referred to in paragraph (3).
(3)The amount is the aggregate of £2 and—
(a)the amount of income support that would be payable had no payment been made, F899...
F899(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)This paragraph applies in a case where a liable relative makes a periodical payment and a non-periodical payment concurrently and the weekly amount of the periodical payment (as calculated in accordance with regulation 58) is less than B.
(5)In a case where paragraph (4) applies, the non-periodical payment shall, subject to paragraphs (6) and (7), be taken into account over a period of the number of weeks equal to the number obtained by applying the formula—
(6)If the liable relative ceases to make periodical payments, the balance (if any) of the non-periodical payment shall be taken into account over the number of weeks equal to the number obtained by dividing that balance by the amount referred to in paragraph (3).
(7)If the amount of any subsequent periodical payment varies, the balance (if any) of the non-periodical payment shall be taken into account over a period of the number of weeks equal to the number obtained by applying the formula—
(8)The period under paragraph (2) or (4) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is treated as paid) and the period under paragraph (6) and (7) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
(9)Any fraction which arises by applying a calculation or formula referred to in this regulation shall be treated as a corresponding fraction of a week.
(10)In paragraphs (4) to (7)—
=
the amount of the non-periodical payment;
=
the aggregate of £2 and the amount of income support that would be payable had the periodical payment not been made F900...;
=
the weekly amount of the periodical payment;
=
the balance (if any) of the non-periodical payment;
=
the weekly amount of any subsequent periodical payment.F898]
F901Calculation of the weekly amount of a ... liable relative paymentcross-notesI56
58.—(1) Where a periodical payment is made or is due to be made at intervals of one week, the weekly amount shall be the amount of that payment.
(2) Where a periodical payment is made or is due to be made at intervals greater than one week and those intervals are monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
(3) Where a periodical payment is made or is due to be made at intervals and those intervals are neither weekly nor monthly, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
(4) Where a payment is made and that payment represents a commutation of periodical payments whether in arrears or in advance, the weekly amount shall be the weekly amount of the individual periodical payments so commutated as calculated under paragraphs (1) to (3) as is appropriate.
(5) The weekly amount of a payment to which regulation 57 applies (period over which payments other than periodical payments are to be taken into account) shall be equal to the amount of the divisor used in calculating the period over which the payment or, as the case may be, the balance is to be taken into account.
F902Date on which a ... liable relative payment is to be treated as paidI57
59.—(1) A periodical payment is to be treated as paid—
(a)in the case of a payment which is due to be made before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
(b)in any other case, on the first day of the benefit week in which it is due to be paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
(2) Subject to paragraph (3), any other payment shall be treated as paid—
(a)in the case of a payment which is made before the first benefit week pursuant to the claim, on the day in the week in which it is paid which corresponds to the first day of the benefit week;
(b)in any other case, on the first day of the benefit week in which it is paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
(3) Any other payment paid on a date which falls within the period in respect of which a previous payment is taken into account, not being a periodical payment, is to be treated as paid on the first day following the end of that period.
Liable relative payments to be treated as capital
F90360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F904CHAPTER VIIACHILD SUPPORT
Interpretation
F90560A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Treatment of child support maintenance
F90560B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation of the weekly amount of payments of child support maintenance
F90560C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date on which child support maintenance is to be treated as paid
F90560D.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F904]
[F906Disregard of payments treated as not relevant income
F90560E.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F906]
CHAPTER VIII[F907STUDENTSF907]
Interpretationcross-notesI58
61.[F908—(1)F908] In this Chapter, unless the context otherwise requires—
[F909“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;F909]
[F910“access funds" means—
grants made under section [F91168F911] of the Further and Higher Education Act 1992[F912or section 74 of the Higher Education and Research Act 2017F912]F913... [F914for the purpose of providing funds on a discretionary basis to be paid to studentsF914];
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; F915...
F916grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;F910] ...
[F917discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the [[F918,F919Secretary of State under section 14 of the Education Act 2002F919] or F920... under sections 100 and 101 of [F921the Apprenticeships, Skills, Children and Learning Act 2009F921,F918]];F917][F922or
Financial Contingency Funds made available by the [F923Welsh MinistersF923];F922]
[F924“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;F924]
[F925“contribution” means—
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
the holder of the allowance or bursary;
the holder's parents;
the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
the holder's spouse or civil partner;F925]
[F926“course of advanced education" means—
a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), [F927a Scottish national qualification (higher or advanced higher)F927];F926]
F928“covenant income” means the income ... payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student's grant or award;
F931,F932“education authority” means a government department, [F929a local authority as defined in section 579 of the Education Act 1996 (interpretation)F929] , [F930a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973F930] , an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986, any body which is a research council for the purposes of the Science and Technology Act 1965 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain.
F933...
[F924“full-time course of advanced education" means a course of advanced education which isF934...—
F935... a full-time course of study which is not funded in whole or in part by [F936the [[F937,F938Secretary of State under section 14 of the Education Act 2002F938][F939or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009F939,F937]] or by the [F940Welsh MinistersF940,F936]] or a full-time course of study which is not funded in whole or in part by the [F941Scottish MinistersF941] at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F941Scottish MinistersF941];
[F942a course of study which is funded in whole or in part by the [[F937,F938Secretary of State under section 14 of the Education Act 2002F938][F943or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009F943,F937]] or by the [F940Welsh MinistersF940] if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
[F944in the case of a course funded by the [F938Secretary of State F945...F938], in the student’s learning agreement signed on behalf of the establishment which is funded by [F946the Secretary of StateF946] for the delivery of that course; orF944]
in the case of a course funded by the [F940Welsh MinistersF940], in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; orF942]
F947... a course of study (not being higher education) which is funded in whole or in part by the [F941Scottish MinistersF941] at a college of further education if it involves—
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;F924]
[F924“full-time course of study" means a full-time course of study which—
is not funded in whole or in part by [F948the [[F949,F950Secretary of State under section 14 of the Education Act 2002F950][F951or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009F951,F949]] or by the [F952Welsh MinistersF952,F948]] or a full-time course of study which is not funded in whole or in part by the [F953Scottish MinistersF953] at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F953Scottish MinistersF953];
[F954a course of study which is funded in whole or in part by the [[F949,F950Secretary of State under section 14 of the Education Act 2002F950][F955or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009F955,F949]] or by the [F952Welsh MinistersF952] if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
[F956in the case of a course funded by the [F950Secretary of State F957...F950], in the student’s learning agreement signed on behalf of the establishment which is funded by [F958the Secretary of StateF958] for the delivery of that course; orF956]
in the case of a course funded by the [F952Welsh MinistersF952], in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; orF954]
is not higher education and is funded in whole or in part by the [F953Scottish MinistersF953] at a college of further education if it involves—
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;F924]
[F959“full-time student" [F960means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) andF960] who is—
aged less than 19 and is attending or undertaking a full-time course of advanced education;
aged 19 or over but under pensionable age and is attending or undertaking a full-time course of study at an educational establishment; or
on a sandwich course;F959]
[F961“grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds[F962or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 appliesF962];F961]
“grant income” means—
any income by way of a grant;
in the case of a student other than one to whom sub-paragraph (c) refers, any contribution which has been assessed whether or not it has been paid;
in the case of a student to whom [F963paragraph 1, 2, F964... 11F963][F965, F964... or 15A of Schedule 1B applies (lone parent, disabled student or persons in education)F965] , any contribution which has been assessed and which has been paid;
and any such contribution which is paid by way of a covenant shall be treated as part of the student's grant income.
[F924“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;F924]
[F966“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;F966]
“period of study” means—
in the case of a course of study for one year or less, the period beginning with the start of the course [F967and ending with the last day of the courseF967] ;
in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, [F968other than the final year of the course,F968] the period beginning with the start of the course or, as the case may be, that year's start and ending with either—
[F969the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; orF969]
in any other case the day before the start of the normal summer vacation appropriate to his course;
[F970in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;F970]
[F971“periods of experience” means periods of work experience which form part of a sandwich course;F971]
[F972“postgraduate loan” means a loan to a student undertaking a postgraduate master’s degree course or a postgraduate doctoral degree course pursuant to regulations made under section 22 of the Teaching and Higher Education Act 1998;F972]
[F973“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007;F973]
[F926“standard maintenance grant" means—F926]
except where paragraph (b) or (c) applies, in the case of a student attending [F974or undertakingF974] a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995(“the 1995 Regulations") for such a student;
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof;
[F975in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980, the amount of money specified as the “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authorityF976...;F975]
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;
[F977“student" means a person, other than a person in receipt of a training allowance, who is attending or undertaking a course of study at an educational establishment;F977]
[F978“student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998[F979and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 1999F979,F978]] ;
F980...
[F981(2)For the purposes of the definition of “full-time student" in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study, a full-time course of advanced education or as being on a sandwich course—
(a)subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—
(i)on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or
(ii)on such earlier date (if any) as he finally abandons the course or is dismissed from it;
(b)in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.
(3)For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—
(a)where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;
(b)any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.
(4)In paragraph (2), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.F981]
Calculation of grant incomecross-notesI59
62.—(1) The amount of a student's grant income to be taken into account shall, subject to paragraphs [F982(2) and (2A)F982] , be the whole of his grant income.
(2) There shall be disregarded from the amount of a student's grant income any payment—
(a)intended to meet tuition fees or examination fees;
F983(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;
(d)intended to meet additional expenditure connected with term time residential study away from the student's educational establishment;
(e)F984on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent ... is not met by housing benefit;
(f)on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;
(g)F985,F986intended to meet the cost of books and equipment... ...;
(h)intended to meet travel expenses incurred as a result of his attendance on the course.
[F987(i)intended for the maintenance F988... of a child dependant.F987]
[F989(j)intended for the child care costs of a child dependant.F989]
[F990(k)of higher education bursary for care leavers made under Part III of the Children Act 1989[F991or Part 6 of the Social Services and Well-being (Wales) Act 2014F991].F990]
[F992(2A)Where a student does not have a student loan[F993or a postgraduate F994... loanF993] and is not treated as possessing [F995a student loan or a postgraduate F994... loanF995], there shall be excluded from the student’s grant income—
(a)the sum of [F996£303F996] per academic year in respect of travel costs; and
[F997(b) the sum of [F998£390F998] per academic year towards the costs of books and equipment,F997]
whether or not any such costs are incurred.F992]
F999(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F1000Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of [F1001adultF1001] dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999[F1002or intended for an older student under Part IV of that ScheduleF1002,F1000]] , shall be apportioned—
(a)subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks [F1003in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of studyF1003] ;
(b)in any other case, equally between the weeks in the period [F1004beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payableF1004] .
[F1005(3A)[F1006Any grant in respect of [F1007dependantsF1007][F1007an adult dependantF1007] paid under section 63(6) of the Health Services and Public Health Act 1968 (grants in respect of the provision of instruction to officers of hospital authorities) andF1006] any amount intended for the maintenance of [F1007dependantsF1007][F1007an adult dependantF1007]F1008... under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.F1005]
[F1009(3B)[F1010In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so,F1010] any amount intended for the maintenance of [F1011dependantsF1011][F1011an adult dependantF1011] under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned or[F1012, as the case may be, would have been apportionedF1012].F1009]
(4) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student's grant income shall be apportioned equally between [F1013the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of studyF1013] .
Calculation of covenant income where a contribution is assessedI60
63.—(1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.
(2) The weekly amount of the student's covenant income shall be determined—
(a)by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53; and
(b)by disregarding from the resulting amount, £5.
(3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount excluded under [F1014regulation 62(2)(h) (calculation of grant income) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 (travel expenditure).F1014]
Covenant income where no grant income or no contribution is assessedI61
64.—(1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—
(a)any sums intended for any expenditure specified in regulation 62(2)(a) to (f), (calculation of grant income) necessary as a result of his attendance on the course, shall be disregarded;
(b)any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under [F1015regulation 62(2)(g) and (h) and (2A)F1015] (calculation of grant income) had the student been in receipt of the standard maintenance grant;
(c)the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53 and treated as weekly income of which £5 shall be disregarded.
(2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenant income shall be calculated in accordance with sub-paragraphs (a) to (c) of paragraph (1), except that—
(a)the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 62(2)(a) to (f); and
(b)the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under [F1015regulation 62(2)(g) and (h) and (2A)F1015] .
Relationship with amounts to be disregarded under Schedule 9I62
F101665. No part of a student's covenant income or grant income shall be disregarded under paragraph 15 of Schedule 9 (charitable and voluntary payments) ....
Other amounts to be disregardedI63
66.—(1) For the purposes of ascertaining income [F1017other than grant income, covenant income and loans treated as income in accordance with regulation 66AF1017] , any amounts intended for any expenditure specified in regulation 62(2) (calculation of grant income) necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 62(2) [F1018and (2A)F1018] , 63(3) [F1019, 64(1)(a) or (b) and 66A(5) (calculation of grant income, covenant income and treatment of student loans)F1019] on like expenditure.
(2) Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.
[F1020Treatment of student loans [F1021and postgraduate F1022... loansF1021]cross-notes
[F102366A.—(1)A student loan[F1024and a postgraduate F1025... loanF1024] shall be treated as incomeF1026...F1023].
F1027(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1028(2)In calculating the weekly amount of the loan to be taken into account as income—
[F1029(a)in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with—
(i)except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of the single academic year;
(ii)where the student is required to start attending the course in August or where the course is of less than an academic year’s duration, the benefit week, the first day of which coincides with, or immediately follows, the first day of the course,
and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;F1029]
[F1030(aa)in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week[F1031, the first day of which coincides with, or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with, or immediately precedes,F1031] the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Secretary of State, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;F1030]
(b)in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning withF1032...—
[F1033(i)except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year;F1033]
[F1033(ii)where the final academic year starts on 1st September, the benefit week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term;F1033]
and ending with [F1034the benefit week, the last day of which coincides with, or immediately precedes,F1034] the last day of the course;
(c)in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of—
(i)the first day of the first benefit week in September; or
(ii)[F1035the benefit week, the first day of which coincides with, or immediately follows, the first day of the autumn term,F1035]
and ending with [F1036the benefit week, the last day of which coincides with, or immediately precedes, the last day of JuneF1036],
and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.F1028]
[F1037(3)A student shall be treated as possessing a student loan[F1038or a postgraduate F1039... loanF1038] in respect of an academic year where—
(a)a student loan[F1038or a postgraduate F1039... loanF1038] has been made to him in respect of that year; or
(b)he could acquire [F1040a student loan or a postgraduate F1039... loanF1040] in respect of that year by taking reasonable steps to do so.F1037,F1020]]
[F1037(4)Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)—
(a)in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so and either—
(i)in the case of a student other than one to whom head (ii) refers, any contribution whether or not it has been paid to him; or
(ii)in the case of a student to whom paragraph 1, 2, F1041... 11 [F1042, F1041... or 15A of Schedule 1B applies (lone parent, disabled student or persons in educationF1042], any contribution which has actually been paid to him;
(b)in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—
(i)he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year; and
(ii)no deduction in that loan was made by virtue of the application of a means test.F1037]
[F1043(4A)Where a student is treated as possessing a postgraduate F1044... loan under paragraph (3) in respect of an academic year, the amount of that loan to be taken into account as income shall be, subject to paragraph (5), a sum equal to 30 per cent. of the maximum postgraduate F1044... loan the student is able to acquire in respect of that academic year by taking reasonable steps to do so.F1043]
[F1037(5)There shall be deducted from the amount of income taken into account under paragraph (4) [F1045or (4A)F1045] —
(a)the sum of [F1046£303F1046] per academic year in respect of travel costs; and
[F1047(b) the sum of [F1048£390F1048] per academic year towards the costs of books and equipment,F1047]
whether or not any such costs are incurred.F1037]
[F1049Treatment of payments from access funds
66B.—(1)This regulation applies to payments from access funds that are not payments to which regulation 68(2) or (3) (income treated as capital) applies.
(2)A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.
(3)Subject to paragraph (4) of this regulation and paragraph 36 of Schedule 9, any payments from access funds which are intended and used for food, ordinary clothing or footwearF1050..., household fuel, rent for which housing benefit is payable [F1051or any housing costsF1051] to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) F1052..., of a single claimant or, as the case may be, of [F1053any other member of his familyF1053][F1053his partnerF1053], and any payments from access funds which are used for any council tax or water charges for which that claimant or [F1054member is liableF1054][F1054partner is liableF1054] shall be disregarded as income to the extent of £20 per week.
[F1055(3A)In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—
(a)school uniforms, or
(b)clothing or footwear used solely for sporting activities.F1055]
(4)Where a payment from access funds is made—
(a)on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
(b)before the first day of the course to a person in anticipation of that person becoming a student,
that payment shall be disregarded as income.F1049]
[F1056Treatment of fee loans
66C.A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.F1056]
[F1057Treatment of loans for specific purposes
66D.A loan under the Education (Student Support) Regulations 2011 or regulations made under section 73 of the Education (Scotland) Act 1980 that is intended to meet the cost of books, equipment, travel or childcare is to be disregarded as income.F1057]
Disregard of contributionI64
67. Where the claimant or his partner is a student and [F1058, for the purposes of assessing a contribution to the student’s grant[F1059or student loanF1059], the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.F1058]
[F1060Further disregard of student’s income
67A.Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant[F1061, student loan or postgraduate F1062... loanF1061], the amount taken into account shall be disregarded in assessing that student’s income.F1060]
Income treated as capitalI65
68.[F1063—(1)F1063] Any amount by way of a refund of tax deducted from a student's income shall be treated as capital.
[F1063(2)An amount paid from access funds as a single lump sum shall be treated as capital.
(3)An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwearF1064..., household fuel, rent for which housing benefit is payable [F1065or any housing costsF1065] to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) F1066..., of a single claimant or, as the case may be, of [F1067any other member of his familyF1067][F1067his partnerF1067], or which is used for an item other than any council tax or water charges for which that claimant or [F1068member is liableF1068][F1068partner is liableF1068] shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.F1063]
[F1069(4)In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—
(a)school uniforms, or
(b)clothing or footwear used solely for sporting activities.F1069]
Disregard of changes occurring during summer vacationI66
69. In calculating a student's income [F1070there shall be disregardedF1070] any change in the standard maintenance grant occurring in the recognised summer vacation appropriate to the student's course, if that vacation does not form part of his period of study, from the date on which the change occurred up to the end of that vacation.
PART VIURGENT CASES
Urgent cases
F107170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicable amounts in urgent casesI67
F107171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessment of income and capital in urgent cases
F107172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1072PART VIICALCULATION OF INCOME SUPPORT FOR PART-WEEKS
Amount of income support payable
(a)if the claimant has no income,
(b)if the claimant has income,
F1073(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In this Regulation—
“A”, F1074... means the claimant’s weekly applicable amount in the relevant week;
“B” means the amount of any income support, [F1075jobseeker’s allowanceF1075], [F1076maternity allowance,F1076][F1077short-term or long-term incapacity benefitF1077], [F1078severe disablement allowance or employment and support allowanceF1078] payable in respect of any day in the part-week;
“I” means his weekly income in the relevant week less B;
“N” means the number of days in the part-week;
“relevant week” means the period of 7 days determined in accordance with regulation 74.
F1079(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1079(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relevant week
74.—(1)Where the part-week—
(a)is the whole period for which income support is payable or occurs at the beginning of the claim, the relevant week is the period of 7 days ending on the last day of that part-week; or
(b)occurs at the end of the claim, the relevant week is the period of 7 days beginning on the first day of that part-week.
(2)Where during the currency of a claim the claimant makes a claim for a relevant social security benefit within the meaning of paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 and as a result his benefit week changes, for the purpose of calculating the amount of income support payable—
(a)for the part-week beginning on the day after his last complete benefit week before the date from which he makes a claim for the relevant social security benefit and ending immediately before that date, the relevant week is the period of 7 days beginning on the day after his last complete benefit week (the first relevant week);
(b)for the part-week beginning on the date from which he makes a claim for the relevant social security benefit and ending immediately before the start of his next benefit week after the date of that claim, the relevant week is the period of 7 days ending immediately before the start of his next benefit week (the second relevant week).
(3)Where during the currency of a claim the claimant’s benefit week changes at the direction of the Secretary of State under paragraph 3 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987, for the purpose of calculating the amount of income Support payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning On the day after the last complete benefit week.
Modifications in the calculation of income
75.For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant is treated as possessing under section 22(5) of the Act or regulation 23(3) shall be calculated in accordance with Part V and, where applicable, VI subject to the following modifications—
(a)any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;
(b)any income support, [F1080jobseeker’s allowanceF1080], [F1081maternity allowance,F1081][F1082short-term or long-term incapacity benefitF1082], [F1083severe disablement allowance [F1084, employment and support allowance or universal creditF1084,F1083]]F1085... payable in the relevant week but not in respect of any day in the part-week shall be disregarded;
(c)where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;
(d)where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 5(5) (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;
(e)where regulation 74(2) (relevant week) applies, any payment of income which—
(i)is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
(ii)is payable in respect of a period not exceeding a week; and
(iii)is due to be paid on a day which falls within both the first and second relevant weeks,
shall be taken into account in either the first relevant week or, if it is impracticable to take it into account in that week, in the second relevant week; but this paragraph shall not apply to a payment of income support, [F1086jobseeker’s allowanceF1086], [F1087maternity allowance,F1087][F1088short-term or long-term incapacity benefitF1088][F1089, severe disablement allowance or employment and support allowanceF1089]F1090...;
(f)where regulation 74(2) applies, any payment of income which—
(i)is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
(ii)is payable in respect of a period exceeding a week but not exceeding 2 weeks; and
(iii)is due to be paid on a day which falls within both the first and second relevant weeks,
shall be disregarded; but this sub-paragraph shall not apply to a payment of income support, [F1091jobseeker’s allowanceF1091], [F1092maternity allowance,F1092][F1088short-term or long-term incapacity benefitF1088], [F1093severe disablement allowance or employment and support allowanceF1093]F1090...;
(g)where regulation 74(2) applies, if the weekly amount of any income which is due to be paid on a day which falls within both the first and second relevant weeks is more than the weekly amount of income of the same kind due to be paid in the last complete benefit week, the excess shall be disregarded;
(h)where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.
Reduction in certain cases
76.There shall be deducted from the amount of income support which would, but for this regulation, be payable for a part-week—
(a)[F1094in the case of a claimant to whom regulation 22A (reduction in applicable amount where the claimant is appealing against a decision [F1095which embodies a determinationF1095] that he is not incapable of work) appliesF1094], the proportion of the relevant amount specified therein appropriate to the number of days in the part-week;
(b)where regulation 75(f) (modifications in the calculation of income) applies, one-half of the amount disregarded under regulation 75(f) less the weekly amount of any disregard under Schedule 8 or 9 appropriate to that payment.
Modification of section 23(5) of the Act
77.Where income support is payable for a part-week, section 23(5) of the Act (trade disputes) shall have effect as if the following paragraph were substituted for paragraph (b)—
“(b)any payment by way of income support for a part-week which apart from this paragraph would be made to him, or to a person whose applicable amount is aggregated with his—
(i)shall not be made if the payment for that part-week is equal to or less than the proportion of the relevant sum appropriate to the number of days in the part-week; or
(ii)if it is more than that proportion, shall be made at a rate equal to the difference.”F1072]
Secretary of State for Social Services
Regulation 8
F1096SCHEDULE 1PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 13A
F1096SCHEDULE 1ACIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 4ZA
[F1097SCHEDULE 1BPRESCRIBED CATEGORIES OF PERSON
[F1098Lone parents
1.—(1)A lone parent who is responsible for, and a member of the same household as—
(a)a single child aged under 5, or
(b)more than one child where the youngest is aged under 5.
(2)A lone parent who is under the age of 18.F1098]
Single persons looking after foster children
[F10992.A single claimant or a lone parent with whom a child is placed—
(a)by a local authority or voluntary organisation within the meaning of the Children Act 1989;
(b)by a local authority or voluntary organisation within the meaning of the Children (Scotland) Act 1995;
(c)by virtue of any order or warrant made under the Children’s Hearings (Scotland) Act 2011.F1099]
[F1100Single persons looking after children placed with them prior to adoption
2A.A single claimant or a lone parent with whom a child is placed for adoption by an adoption agency within the meaning of the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.F1100]
Persons temporarily looking after another person
3.A person who is—
(a)looking after a child because the parent of that child or the person who usually looks after him is [F1101temporarilyF1101] ill or is temporarily absent from his home; or
(b)looking after a member of his family who is temporarily ill.
Persons caring for another personcross-notes
4.A person (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[F1102, pension age disability paymentF1102]F1103... [[F1104,F1105, armed forces independence payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits ActF1105][F1106, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025F1106][F1107, the care component of child disability payment at the highest or middle rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations),F1107][F1108,F1108] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF1104][F1109or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F1109]; or
(ii)the person being cared for has claimed attendance allowance[F1110or pension age disability paymentF1110]F1111... 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
[F1112(iia)the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Contributions and 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;F1112][F1113orF1113]
[F1114(iib)the person being cared for has claimed pension age disability payment, the claim is treated as made at a later date in accordance with regulation 27(2) (when an application is to be treated as made) of the Disability Assistance for Older People (Scotland) Regulations 2024, 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 the payment; orF1114]
(iii)the person being cared for has claimed entitlement to a disability living allowance[F1115, Scottish adult disability living allowanceF1115][F1116, child disability paymentF1116][F1117, armed forces independence paymentF1117][[F1118,F1119,F1119]personal independence paymentF1118][F1120 or adult disability paymentF1120] 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
[F1121(iiia)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with, regulation 13A of the Social Security (Claims and Payments) Regulations 1987 (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 allowanceF1121][F1122; orF1122]
[F1123(iiib)the person being cared for (“P”) has claimed entitlement to the care component of child disability payment in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) of the DACYP Regulations, an award at the highest or middle rate has been made in respect of P’s claim, and where the period for which the award is payable has begun, P is in receipt of that payment;F1123]
[F1122(iv)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, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (advance claim for and award of personal independence payment), an award at the standard or enhanced 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 payment;F1122]
[F1124(v)the person being cared for has claimed entitlement to the daily living component of adult disability payment in accordance with regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, an award at the standard or enhanced 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 payment;F1124]
(b)who is engaged in caring for another person and [F1125who is both entitled to, and in receipt of,F1125][F1126a carer’s allowanceF1126][F1127or carer support paymentF1127][F1128 or would be in receipt of [F1129a carer’s allowanceF1129] but for the application of a restriction under section [F11306B orF1130] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)F1128].
5.A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.
6.A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.
[F1131Persons treated as capable of work and persons entitled to statutory sick payF1131]cross-notes
7.A person who—
F1132(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1132(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)is treated as capable of work by virtue of regulations made under section 171E(1) of [F1133the Contributions and Benefits ActF1133] (disqualification etc.); or
(d)is entitled to statutory sick pay.
[F1134Certain persons in receipt of the daily living component of personal independence payment [F1135or adult disability paymentF1135]
7A.A person who is in receipt of the daily living component of personal independence payment at the enhanced rate [F1136or the daily living component of adult disability payment at the enhanced rateF1136] but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the Social Security (Incapacity for Work) (General) Regulations 1995.F1134]
Disabled workers
F11378.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons in employment living in residential care homes, nursing homes or residential accommodation
F11379.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1138Persons who have commenced remunerative work
9A.A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.F1138]
Disabled studentscross-notes
F113910.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11.A person who is a [F1140full-time studentF1140] and who—
(a)immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 as then in force; or
(b)on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b),
but this paragraph shall not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.
Deaf studentscross-notes
F114112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Blind personscross-notes
F114213.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pregnancy
14.A woman who—
(a)is incapable of work by reason of pregnancy; or
(b)is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending F1143... [F1144 fifteen weeks after the date on which her pregnancy ends F1143...F1144].
[F1145Parental leave
14A.—(1)A person who is—
(a)entitled to, and taking, parental leave by virtue of Part III of the Maternity and Parental Leave etc.Regulations 1999 in respect of a child who is a member of his household; and
(b)not entitled to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; and
(c)entitled toF1146..., [F1147working tax credit, child tax credit payable at a rate higher than the family element,F1147] housing benefit or council tax benefit on the day before that leave begins.
(2)In this paragraph “remuneration” means payment of any kind [F1148and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those RegulationsF1148][F1149but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002F1149]. F1145]
[F1150Paternity Leave
14B.—(1)A person who is entitled to, and is taking, F1151[F1152... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996F1152] and who satisfies either or both of the conditions set out in sub-paragraph (2) below.
(2)The conditions for the purposes of sub-paragraph (1) are—
(a)he is not entitled to F1151[F1153... statutory paternity payF1153] by virtue of Part 12ZA of the Contributions and Benefits Act, or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;
(b)he is entitled toF1154..., [F1155working tax credit, child tax credit payable at a rate higher than the family element,F1155] housing benefit or council tax benefit on the day before that leave begins.
(3)In this paragraph “remuneration” means payment of any kind [F1156and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those RegulationsF1156][F1157but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002. F1157,F1150]]
[F1158Parental Bereavement Leave
14C.—(1)A person who is entitled to, and is taking, parental bereavement leave by virtue of section 80EA of the Employment Rights Act 1996 and who satisfies either or both of the conditions set out in sub-paragraph (2) below.
(2)The conditions for the purposes of sub-paragraph (1) are that the person—
(a)is not entitled to statutory parental bereavement pay by virtue of Part 12ZD of the Contributions and Benefits Act, or to any remuneration from their employer in respect of that leave for the period to which the claim for income support relates;
(b)is entitled to working tax credit, child tax credit payable at a rate higher than the family element, housing benefit or council tax benefit on the day before that leave begins.
(3)In this paragraph “remuneration” means payment of any kind and “family element” means the amount specified in regulation 7(3) of the Child Tax Credit Regulations 2002 but subject in any case to calculations of that amount made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.F1158]
[F1159Neonatal Care Leave
14D.—(1)A person who is entitled to, and is taking, neonatal care leave by virtue of section 80EF of the Employment Rights Act 1996 and who satisfies either or both of the conditions set out in sub-paragraph (2) below.
(2)The conditions for the purposes of sub-paragraph (1) are that the person—
(a)is not entitled to statutory neonatal care pay by virtue of Part 12ZE of the Contributions and Benefits Act, or to any remuneration from their employer in respect of that leave for the period to which the claim for income support relates;
(b)is entitled to working tax credit, child tax credit payable at a rate higher than the family element, housing benefit or council tax benefit on the day before that leave begins.
(3)In this paragraph “remuneration” means payment of any kind and “family element” means the amount specified in regulation 7(3) of the Child Tax Credit Regulations 2002 but subject in any case to calculations of that amount made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.F1159]
Persons in education
15.A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, [F1160disabled persons, persons with limited leave to enter or remainF1160], orphans and persons estranged from their parents or guardian) applies.
[F1161Certain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced educationF1161]
15A.—(1)A person (“P”) who satisfies the following conditions.
(2)The first condition is that P has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education.
(3)The second condition is that P is—
(a)under the age of 21; or
(b)21 and attained that age whilst undertaking a course of full-time, non-advanced education.
(4)The third condition is that—
(a)P has no parent;
(b)of necessity P has to live away from P’s parents because—
(i)P is estranged from P’s parents,
(ii)P is in physical or moral danger, or
(iii)there is a serious risk to P’s physical or mental health; or
(c)P is living away from P’s parents because they are unable to support P financially and are—
(i)chronically sick or mentally or physically disabled,
(ii)detained in custody pending trial or sentencing upon conviction or under a sentence imposed by a court, or
(iii)prohibited from entering or re-entering Great Britain.F1162]
F1163(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this paragraph—
“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);
[F1164“course of full-time, non-advanced education” means a course of full-time education which is not a course of advanced education and which is not provided to P by virtue of P’s employment or any office held by P, which is—
provided at a school or college, or
provided elsewhere but is approved by the Secretary of State as being such a course,
and for this purpose, “course of advanced education” has the same meaning as in regulation 61(1)F1164]
“parent” includes a person acting in place of a parent which—
for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and
for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).
Certain persons aged 50 who have not been in remunerative work for 10 years
F116516.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain persons aged between 55 and 60 whose spouse or civil partner has died
F116616A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons aged 60 or over
F116717.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Refugees
18.A person 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.
F116818A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1169Persons required to attend court or tribunal
19.—(1)A person 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.F1169]
Persons affected by a trade dispute
20.A person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work).
[F1170Persons from abroad
21.A person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act 1999 by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies.F1170]
Persons in custody
22.A person remanded in, or committed in, custody for trial or for sentencing.
Member of couple looking after children while other member temporarily abroad
23.A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily not present in the United Kingdom.
Persons appealing against a decision [F1171which embodies a determinationF1171] that they are not incapable of work
24.A person—
(a)in respect of whom it has been determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that he is not incapable of work; and
(b)whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work); and
(c)who has made and is pursuing an appeal against the [F1172decision which embodies aF1172] determination that he is not so incapable,
but only for the period prior to the determination of his appeal.
25.A person—
(a)in respect of whom it has been determined for the purposes of section 171C of the Contributions and Benefits Act (the [F1173personal capability assessmentF1173]) that he is not incapable of work; and
(b)who has made and is pursuing an appeal against the [F1174decision which embodies aF1174] determination that he is not so incapable,
but only for the period [F1175beginning with the date on which that determination takes effect untilF1175] the determination of his appeal.
F117626.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F117627.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1177Persons engaged in trainingF1177]
28.A person who is [F1178not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who isF1178] 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 [F1179secured by the [[F1180,F1181Secretary of StateF1181]F1182...F1180] or by the [F1183Welsh MinistersF1183,F1179]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F1184Skills Development Scotland,F1184] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).F1097]
Regulations 17 [F1185(1)F1185] and 18
SCHEDULE 2APPLICABLE AMOUNTScross-notes
Regulations 17 [F1185(1)F1185] (a) and (b) and 18(a) (b) and (c)
PART Ipersonal allowancescross-notesI68,I69
[F11861.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 17(1) and 18(1) (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)£72.90; |
(b)less than 18 who falls within any of the circumstances specified in paragraph 1A; | (b)£72.90; |
(c)less than 18 who satisfies the condition in paragraph 11(1)(a); | (c)£72.90; |
(d)not less than 18 but less than 25; | (d)£72.90; |
(e)not less than 25. | (e)£92.05. |
(2)Lone parent aged— | (2) |
(a)except where head (b) or (c) of this sub-paragraph applies, less than 18; | (a)£72.90; |
(b)less than 18 who falls within any of the circumstances specified in paragraph 1A; | (b)£72.90; |
(c)less than 18 who satisfies the condition in paragraph 11(1)(a); | (c)£72.90; |
(d)not less than 18. | (d)£92.05. |
(3)Couple— | (3) |
(a)where both members are aged less than 18 and— (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 qualified for income support under regulation 4ZA or income-related employment and support allowance; or (iii)the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iv)there is in force in respect of the claimant’s partner a direction under section 16 of the Jobseekers Act 1995(persons under 18: severe hardship); | (a)£110.15; |
(b)where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A; | (b)£72.90; |
(c)where both members are aged less than 18 and heads (a) and (b) do not apply; | (c)£72.90; |
(d)where both members are aged not less than 18; | (d)£144.65; |
(e)where one member is aged not less than 18 and the other member is a person under 18 who— (i)qualifies for income support under regulation 4ZA or income-related employment and support allowance, or who would so qualify if he were not a member of a couple; or (ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iii)is the subject of a direction under section 16 of the Jobseekers Act 1995(persons under 18: severe hardship); | (e)£144.65; |
(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who— (i)would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and (ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995(persons under 18: severe hardship); | (f)£72.90; |
(g)where the claimant is aged not less than 25 and his partner is a person under 18 who— (i)would not qualify for income support under regulation 4ZA or income-related employment and support allowance if he were not a member of a couple; and (ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995(persons under 18: severe hardship). | (g) £92.05.F1186] |
[F11871A.—(1)The circumstances referred to in paragraph 1 are that—
(a)the person has no parents nor any person acting in the place of his parents;
(b)the person—
(i)is not living with his parents nor any person acting in the place of his parents; and
(ii)in England and Wales, was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his; or in Scotland, was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applied immediately before he attained the age of 16;
(c)the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, who entered that accommodation—
(i)as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or
(ii)in order to avoid physical or sexual abuse; or
(iii)because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;
(d)the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—
(i)chronically sick or mentally or physically disabled; or
(ii)detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or
(iii)prohibited from entering or re-entering Great Britain; or
(e)the person of necessity has to live away from his parents and any person acting in the place of his parents because—
(i)he is estranged from his parents and that person; or
(ii)he is in physical or moral danger; or
(iii)there is a serious risk to his physical or mental health.
(2)In this paragraph—
(a)“chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);
(b)in England and Wales, any reference to a person acting in place of a person’s parents includes a reference to—
(i)where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or
(ii)in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act;
(c)in Scotland, any reference to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them.F1187]
[F11882.[F1189(1)The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).
| (1) | (2) | ||
|---|---|---|---|
| Child or Young Person | Amount | ||
| 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) | [F1190£84.66F1190] |
| (b) | beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday. | (b) | [F1191£84.66F1191].F1189] |
[F1192(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.F1192,F1188]]
F11932A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations 17 [F1185(1)F1185] (c) and 18(d)
PART IIfamily premiumI70
3.—(1)The weekly amount for the purposes of regulations 17[F1185(1)F1185](c) [F1196and 18(1)F1196](d) in respect of a family of which at least one member is a child or young person shall be
[F1197(a)where the claimant is a lone parent[F1198to whom the conditions in both sub-paragraphs (2) and (3) applyF1198] and no premium is applicable under paragraph 9, 9A, 10 or 11, [F1199£19.48F1199]
(b)in any other case,F1197][F1200£19.48F1200].
[F1201(2)The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—
(a)was both a lone parent and entitled to income support on 5th April 1998; or
(b)does not come within head (a) above but—
(i)was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;
(ii)was both a lone parent and entitled to income support 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 income support.
(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 income support; or
(c)both a lone parent and entitled to income support,
the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.
(6)In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.F1201]
[F1202(7)For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.F1202,F1194]]
Regulations 17 [F1185(1)F1185] (d) and 18(e)
PART IIIpremiumsI71,I72,I73
(a)a severe disability premium to which paragraph 13 applies;
(b)an enhanced disability premium to which paragraph 13A applies;
(c)[F1208a disabled child premium to which paragraph 14 applies; andF1208]
(d)a carer premium to which paragraph 14ZA applies,
may be applicable in addition to any other premium which may apply under 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 9 or 9A; or
(b)a higher pensioner premium under paragraph 10.F1207]
(a)F1211,F1212in 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; ...
(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F1213Secretary of State F1214...F1213] under section 2 of the Employment and Training Act 1973F1215[F1216or by [F1217Skills Development Scotland,F1217] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,F1216][F1218or for any period during which he is in receipt of a training allowanceF1218][F1219andF1219]
[F1220(c)in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.F1220]
[F1221(2)For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of [F1222carer’s allowanceF1222] by virtue of sub-paragraph (1)(a) [F1223or carer support payment by virtue of sub-paragraph (1)(c)F1223] only if and for so long as the person in respect of whose care the allowance [F1224or paymentF1224] has been claimed remains in receipt of attendance allowance[F1225, pension age disability paymentF1225][F1226, F1227... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF1226][F1228, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025F1228][F1229, the care component of child disability payment at the highest or middle rate prescribed in accordance with the regulation 11(5) of the DACYP RegulationsF1229][F1230or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF1230][F1231, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F1231][F1232or armed forces independence paymentF1232].F1221]
Lone Parent Premium
F12338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bereavement Premium
F12348A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensioner premium for persons under 75
[F12359.The condition is that the claimant has a partner aged [F1236not less than the qualifying age for state pension creditF1236] but less than 75.F1235]
Pensioner premium for persons 75 and over
[F12379A.The condition is that the claimant has a partner aged not less than 75 but less than 80.F1237]
Higher Pensioner PremiumI74
10.[F1238—(1)[F1239Subject to sub-paragraph (6), theF1239] condition is that—
(a)the claimant’s partner is aged not less than 80; or
(b)the claimant’s partner is aged less than 80 but [F1240not less than the qualifying age for state pension creditF1240] and either—
(i)the additional condition specified in [F1241paragraph 12(1)(a), (c) [F1242(d) [F1243, (e) or (f)F1243,F1242,F1241]]] is satisfied; or
(ii)the claimant was entitled to, or was treated as being in receipt of, income support and—
(aa)the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of [F1244the day his partner attained the qualifying age for state pension creditF1244]; and
(bb)he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained [F1245the qualifying age for state pension creditF1245].F1238]
(3) For the purposes of this paragraph and paragraph 12—
(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 [F1246or treated as entitled toF1246] income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;
(b)in so far as [F1247sub-paragraph (1)(b)(ii) isF1247] concerned, if a claimant ceases to be entitled to [F1246or treated as entitled toF1246] income support for a period not exceeding eight weeks which includes [F1248the day his partner attained the qualifying age for state pension creditF1248] , he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.
[F1249(4)In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)F1250... and (3)(b) to a period of 8 weeks shall be treated as references to a period of [F1251104 weeksF1251].F1249]
[F1252(5)For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.F1252]
[F1253(6)The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.F1253]
Disability PremiumI75
11.[F1254—(1)F1254][F1255Subject to sub-paragraph (2), theF1255] condition is that—
(a)F1256where the claimant is a single claimant or a lone parent,... the additional condition specified in paragraph 12 is satisfied; or
(b)where the claimant has a partner, either—
[F1257(i)the claimant satisfies the additional condition specified in [F1258paragraph 12(1)(a), (b), (c) [F1259, (d) or (f)F1259,F1258]] ; orF1257]
(ii)his partner[F1260has not attained the qualifying age for state pension creditF1260] and the additional condition specified in [F1261paragraph 12(1)(a), (c) [F1262(d) [F1263, (e) or (f)F1263,F1262,F1261]]] is satisfied by his partner.
[F1264(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 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) refers.F1264]
Additional condition for the Higher Pensioner and Disability Premiumscross-notesI76
12.—(1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—
(a)the claimant or, as the case may be, his partner—
(i)is in receipt of one or more of the following benefits: attendance allowance[F1265, pension age disability paymentF1265] , [F1266disability living allowance[F1267, Scottish adult disability living allowanceF1267], [F1268armed forces independence payment,F1268][F1269personal independence payment,F1269][F1270adult disability payment,F1270][F1271the 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 2002F1271,F1266]] , mobility supplement, [F1272long-term incapacity benefitF1272] under [F1273Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that ActF1273][F1274but, in the case of [F1272long-term incapacity benefitF1272] or severe disablement allowance only where it is paid in respect of himF1274] ; or
(ii)F1275,F1276is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or
[F1277(iii)is certified as severely sight impaired or blind by a consultant ophthalmologist; orF1277]
[F1278(b) the claimant—
(i)is entitled to statutory sick pay or [F1279is, or is treated as, incapable of work,F1279] in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and
(ii)has been so entitled or so incapable[F1280, or has been treated as so incapable,F1280] for a continuous period of not less than—
(aa)196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or
(bb)[F1281subject to [F1282paragraph 2AF1282] of Schedule 7,F1281] 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; or; andF1278]
[F1283(c)the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act[F1284or a state pension under Part 1 of the Pensions Act 2014F1284] and—
(i)the claimant has since remained continuously entitled to income support;
(ii)the higher pensioner premium or disability premium has been applicable to the claimant; and
(iii)the partner is still alive;
(d)except where paragraph [F12852A F1286...F1285] of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance[F1287, disability living allowance[F1288, personal independence payment or adult disability paymentF1288,F1287]] —
(i)but payment of that benefit has been suspended under the [F1289Social Security (Attendance Allowance) Regulations 1991 [F1290, the Social Security (Disability Living Allowance) Regulations 1991 or regulations made under section 86(1) (hospital in-patients) of the 2012 ActF1290,F1289]] or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and
(ii)a higher pensioner premium or disability premium has been applicable to the claimantF1283][F1291; or
(e)except where paragraph 2A of Schedule 7 (patients) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of pension age disability payment—
(i)but no amount is payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024; and
(ii)a higher pensioner premium or disability premium has been applicable to the claimantF1291][F1292; or
(f)except where paragraph 2A of Schedule 7 (patients) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of Scottish adult disability living allowance—
(i)but no amount is payable in accordance with regulation 23 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance), and
(ii)a higher pensioner premium or disability premium has been applicable to the claimant.F1292]
[F1293(1A)In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of [F1294104 weeksF1294].F1293]
[F1295(2)For the purposes of sub-paragraph (1)(a)(iii), 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.F1295]
F1296(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purpose of [F1297sub-paragraph (1)(c) and (d)F1297] , once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in [F1297sub-paragraph (1)(c) and (d)F1297] .
[F1298(5)For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973[F1299or for any period during which he is in receipt of a training allowanceF1299].F1298]
[F1300(6)For the purposes of [F1301sub-paragraph (1)(a)(i) and (c)F1301], a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.F1300]
F1302(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Severe Disability Premiumcross-notesI77
13.—(1) The condition is that the claimant is a severely disabled person.
(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—
(a)in the case of a single claimant[F1303, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)F1303] —
(i)he is in receipt of attendance allowance[F1304, F1305... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF1304][F1306, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025F1306][F1307or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF1307][F1308, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F1308][F1309or armed forces independence paymentF1309] , and
(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F1310normally residing with him or with whom he is normally residing,F1310] and
[F1311(iii)no person is entitled to, and in receipt of, [F1222a carer’s allowanceF1222] under section 70 of the Contributions and Benefits Act[F1312or carer support paymentF1312][F1313or has an award of universal credit which includes the carer elementF1313] in respect of caring for him;F1311]
(b)[F1314in the case of a claimant whoF1314] has a partner—
(i)he is in receipt of attendance allowance[F1315, pension age disability paymentF1315][F1316, F1317... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF1316][F1318, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025F1318][F1319or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF1319][F1320, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F1320][F1321or armed forces independence paymentF1321] ; and
(ii)his partner 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 thereof; and
(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F1322normally residing with him or with whom he is normally residing,F1322]
and, either [F1323a person is entitled to, and in receipt of, [F1222a carer’s allowanceF1222][F1324or carer support paymentF1324][F1325or has an award of universal credit which includes the carer elementF1325] in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowanceF1323][F1326or paymentF1326][F1327or has such an award of universal creditF1327] in respect of caring for either member of the couple or any partner of the polygamous marriage.
[F1328(2A)Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is [F1329severely sight impaired or blind or treated as severely sight impaired or blindF1329] within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.F1328]
(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—
(a)a person receiving attendance allowance[F1330, pension age disability paymentF1330][F1331, F1332... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF1331][F1333, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025F1333][F1334or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF1334][F1335, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F1335][F1336or armed forces independence paymentF1336] ; or
F1337(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)subject to sub-paragraph (4), 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 was treated as a severely disabled person; [F1338or
(d)a person who is [F1339severely sight impaired or blind or treated as severely sight impaired or blindF1339] within the meaning of paragraph 12(1)(a)(iii) and (2).F1338]
[F1340(3A)For the purposes of sub-paragraph (2)(b) a person shall be treatedF1341...—
(a)[F1342as being in receipt ofF1342]attendance allowance[F1343, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security ActF1343] if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;F1340]
[F1344(b)as being entitled to and in receipt of [F1222a carer’s allowanceF1222][F1345or carer support paymentF1345][F1346or having an award of universal credit which includes the carer elementF1346] 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 [F1347of carer’s allowance [F1345or carer support paymentF1345] or have such an award of universal creditF1347];F1344]
[F1348(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(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receiptF1348][F1349;
(d)as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the [F1350Disability Assistance for Working Age People (Scotland) Regulations 2022F1350], if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;F1349]
[F1351(e)as being in receipt of pension age disability payment if they would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so in receiptF1351][F1352;
(f)as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.F1352]
[F1353(3ZA)For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of [F1222carer’s allowanceF1222][F1354, carer support paymentF1354][F1355or universal credit which includes the carer elementF1355] to the extent that payment of such an award is back-dated for a period before [F1356the date on which the award is first paidF1356].F1353]
(4) Sub-paragraph (3)(c) 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.
[F1357(5)In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of [F1222a carer’s allowanceF1222][F1358or as having an award of universal credit which includes the carer elementF1358] shall include references to a person who would have been in receipt of that allowance [F1359or had such an awardF1359] but for the application of a restriction under section [F13606B orF1360] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).F1357]
[F1361(6)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.F1361]
[F1362Enhanced disability premiumcross-notes
13A.—(1)Subject to sub-paragraph (2), the condition is that—
(a)the claimant; or
(b)the claimant’s partner, if any, who has not attained the qualifying age for state pension credit,
is a person to whom sub-paragraph (1ZA) applies.F1364]
[F1364(1ZA)This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—
(a)armed forces independence payment is payable to that person;
(b)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 Contributions and Benefits Act or but for an abatement as a consequence of hospitalization, be payable to that person at the highest rate prescribed under section 72(3) of that Act; F1365...
[F1366(ba)the care component of child disability payment is payable to that person at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations); F1367...F1366]
[F1368(bb)the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable to that person at the highest rate in accordance with regulation 6(4) of those Regulations;F1368]
(c)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 to that person at the enhanced rate in accordance with section 78(2) of that ActF1364,F1363]][F1369or
(d)the daily living component of adult disability payment is, or would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the [F1370Disability Assistance for Working Age People (Scotland) Regulations 2022F1370], be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations.F1369]
[F1371(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[F1372or partnerF1372] is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).F1371]
[F1373(2)The condition is not satisfied if the person to whom sub-paragraph (1) refers is—
(a)a child or young person—
(i)whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(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—
(i)is a long-term patient; and
(ii)is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.F1373,F1362]]
Disabled Child Premiumcross-notes
[F137414.—(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; F1375...
[F1376(aa)in receipt of child disability payment;F1376]
(b)[F1377severely sight impaired or blind or treated as severely sight impaired or blindF1377] within the meaning of paragraph 12(1)(a)(iii) and (2)[F1378; or
(c)a child or young person in respect of whom section 145A of the Contributions and 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 deathF1378][F1379; or
(d)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 familyF1379][F1380; orF1380]
[F1381(da)a young person who is in receipt of adult disability payment or who would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt provided that the young person continues to be a member of the family; orF1381]
[F1380(e)in receipt of armed forces independence payment.F1380]
(2)The condition [F1382in sub-paragraph (1)(a) [F1383, (aa)F1383][F1384, (b), (d) [F1385, (da)F1385] or (e)F1384,F1382]] is not satisfied in respect of a child or young person—
(a)whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or
(b)who is a long-term patient.F1374]
[F1386Carer premium
14ZA.—(1)[F1387Subject to sub-paragraphs (3) and (4),F1387] the condition is that the claimant or his partner is, or both of them are, [F1388entitled to [F1222a carer’s allowanceF1222] under section 70 of the Contributions and Benefits ActF1388][F1389or carer support paymentF1389].
F1390(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1386]
[F1391(3)Where a carer premium is awarded but—
(a)the person in respect of whose care the [F1222carer’s allowanceF1222][F1392or carer support paymentF1392] 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 entitled F1393...to [F1222a carer’s allowanceF1222][F1392or carer support paymentF1392],
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)[F1394where sub-paragraph (3)(a) applies,F1394] the Sunday following the death of the person in respect of whose care [F1222a carer’s allowanceF1222][F1395or carer support paymentF1395] has been awarded or the date of death if the death occurred on a Sunday;
F1396(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in any other case, the date on which the person who has been entitled to [F1222a carer’s allowanceF1222][F1395or carer support paymentF1395] ceases to be entitled to that allowance [F1397or paymentF1397].F1391]
(4) Where a person who has been entitled to [F1222a carer’s allowanceF1222][F1398or carer support paymentF1398] ceases to be entitled to that allowance [F1399or paymentF1399] and makes a claim for income support, 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–
[F1400(a)the person in respect of whose care the [F1222carer’s allowanceF1222][F1398or carer support paymentF1398] has been awarded dies;
F1401(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)[F1402in any other case, the person who has been entitled to a carer’s allowance [F1398or carer support paymentF1398] ceased to be entitled to that allowance [F1399or paymentF1399].F1402,F1400]]
[F1403Persons in receipt of concessionary payments
[F1405Person in receipt of benefit
14B.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.F1405]
[F1406PART IVWeekly amounts of premiums specified in part III
| Premium | Amount |
|---|---|
15.— | |
(2) Pensioner premium for persons to whom paragraph 9 applies. | (2)£201.95. |
(2A) Pensioner premium for persons to whom paragraph 9A applies. | (2A)£201.95. |
(3)Higher pensioner premium for persons to whom paragraph 10 applies. | (3)£201.95. |
(4)Disability Premium— | |
(a)where the claimant satisfies the condition in paragraph 11(1)(a); | |
(4)(a)£43.20; | |
(b)where the claimant satisfies the condition in paragraph 11(1)(b). | (b)£61.65. |
(5)Severe Disability Premium— | |
(a)where the claimant satisfies the condition in paragraph 13(2)(a); | (5)(a)£82.90; |
(b)where the claimant satisfies the condition in paragraph 13(2)(b)— | (b) |
(i)if there is someone in receipt of a carer’s allowance [F1407or carer support payment,F1407] or if he or any partner satisfies that condition only by virtue of paragraph 13(3A); | (i)£82.90; |
(ii)if no-one is in receipt of such an allowance [F1408or paymentF1408]. | (ii)£165.80. |
(6)Disabled Child Premium. | (6)£81.37 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied. |
(7)Carer Premium. | (7)£46.40 in respect of each person who satisfied the condition specified in paragraph 14ZA. |
(8)Enhanced disability premium where the conditions in paragraph 13A are satisfied. | (8)(a)£32.75 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied; (b)£21.20 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 13A are satisfied; (c)£30.25 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.F1406] |
PART Vrounding of fractionsI78
16. Where income support 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 a penny that fraction shall be treated as a penny.
Regulations 17(1)(e) and 18(1)(f)
[F1409SCHEDULE 3 HOUSING COSTScross-notes
Housing Costscross-notes
1.—(1)Subject to the following provisions of this Schedule, the housing costs applicable to 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 [F1410under paragraph 17F1410].
(2)In this Schedule—
“housing costs" means those costs to which sub-paragraph (1) refers;
F1411...
F1411...
F1412...
(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 for persons aged 75 or over or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or
(b)F1413... who, had he in fact been entitled to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium [F1414; or
(c)who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.F1414]
[F1415(d)who–
(i)is in receipt of an employment and support allowance which includes an amount under section 2(2) F1416... or 4(4) F1416... of the Welfare Reform Act[F1417(component) or is a member of the work-related activity groupF1417]F1416...; or
(ii)would be entitled to an employment and support allowanceF1418..., but for the application of section 1A of that Act (duration of contributory allowance)F1415][F1419; or
(e)who is entitled to an award of universal credit[F1420and 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.F1420,F1419]]
(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 l71E of the Contributions and Benefits Act (incapacity for work, disqualification etc.) [F1421or 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)F1421].
[[F1422,F1423Previous entitlement to income-based jobseeker’s allowance [F1424, income-related employment and support allowanceF1424] or state pension creditF1423]
(a)the applicable amount for that allowance included an amount in respect of housing costs [F1426under paragraph 16 of Schedule 2F1426] to the Jobseeker’s Allowance Regulations 1996[F1427or [F1428paragraph 18 of Schedule 6F1428] to the Employment and Support Allowance RegulationsF1427]; 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 support shall be the applicable amount in respect of those costs current when entitlement to income-based jobseeker’s allowance [F1425or income-related employment and support allowanceF1425] was last determined.
[F1429(1A)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 support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (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 [F1430paragraph 13 of Schedule IIF1430] 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 support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.F1429]
(2)Where, in the period since housing costs were last calculated for income-based jobseeker’s allowance [F1425or income-related employment and support allowanceF1425][F1431or (as the case may be) state pension creditF1431], 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 support, be recalculated so as to take account of that change.F1422]
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 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 is not meeting them, the claimant as 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, 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.
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 [F1432full-time studentF1432] 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 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 [F1432full-time studentF1432] 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[F1433from the first day of the benefit week in which the move occursF1433] 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 income support 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
[F1434(ii)the move was delayed pending [F1435local welfare provision orF1435] the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fundpayment 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 9, 9A, 10, 11, 13 or 14 of Schedule 2 (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; orF1434]
(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 l3 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—
[F1436(i)detained in custody on remand pending trial or, as a condition of bail, required to reside—
(aa)in a dwelling, other than the dwelling he occupies as his home; or
(bb)in premises approved under [F1437section 13 of the Offender Management Act 2007F1437],
or, detained pending sentence upon conviction, orF1436]
(ii)resident in a hospital or similar institution as a patient, 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 [F1438full-time studentF1438] 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[F1439, or by a personF1439] who was formerly a member of 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 medical practitioner;
(b)“patient" means a person who is undergoing medical or other treatment as an inpatient in a hospital or similar institution;
[F1440(ba)“period of study” has the meaning given in regulation 61(1) (interpretation);F1440]
[F1441(c)“residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital;F1441]
(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, [F1442Skills Development Scotland,F1442] Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.
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 the claimant is [F1443living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospitalF1443] 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.
F1444(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1444(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apportionment of housing costscross-notes
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 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of subsection (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 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between she 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;
[F1445“local non-domestic rating list" means a list compiled and maintained under section 41(1) of the Act of 1988;F1445]
[F1445“local non-domestic rating list” means—
(a)as respects England, a list compiled and maintained undersection 41(1)of theAct of 1988;
(b)as respects Wales, a list compiled and maintained undersection 41ZA of theAct of 1988;F1445]
“the Act of 1987" means the Abolition of Domestic Rates Etc.(Scotland) Act 1987;
“the Act of 1988" means the Local Government Finance Act 1988.
(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.
Existing housing costs
F14466.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional Protection
F14477.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1448Housing costsF1448]cross-notes
8.—(1)F1449Subject to the provisions of this Schedule, the ... housing costs to be met in any particular case are—
(a)where the claimant has been [F1450entitled toF1450] income support for a continuous period of 39 weeks or more, an amount—
F1451(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)equal to any payments which qualify under paragraph 17(1)(a) to (c);
(b)in any other case, nil.
F1452(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1453(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1454(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1454(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1454(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1454(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General exclusions from [F1455paragraph 8F1455]cross-notes
9.—(1)[F1456Paragraph 8F1456] shall not apply where—
[F1457(a)the claimant’s partner has attained the qualifying age for state pension credit;F1457]
(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—
F1458(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)equal to the payments which qualify under paragraph 17;
(b)where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 17(1)(d) to (f).
The calculation for loans
F145910.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General provisions applying to F1460... housing costscross-notes
F145911.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The standard rate
F145912.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Excessive Housing Costs
F145913.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Linking rulecross-notes
14.—(1)F1461...For the purposes of this Schedule—
(a)a person shall be treated as being in receipt of income support during the following periods—
(i)any period in respect of which it was subsequently [F1462determinedF1462] that he was entitled to income support; and
(ii)any period of 12 weeks or less [F1463or, as the case may be, 52 weeks or less,F1463] in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which F1464...;
[F1465(aa)he was, or was treated as being, in receipt of income support,
(bb)he was treated as entitled to income support for the purpose of sub-paragraph (5) or (5A) , or
(cc)(i) above applies;F1465]
(b)a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently [F1466determinedF1466] 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 income support 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 income support within twelve weeks [F1467or, as the case may be, 52 weeks,F1467] of ceasing to be a member of that couple or polygamous marriage,
he shall be treated as having been in receipt of income support 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 2 applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks [F1468or, as the case may be, 52 weeks,F1468] 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 income support for the same period as his partner had been or 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 income support for himself and the claimant, and the claimant has begun to receive income support 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 income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
[F1469(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) of the Jobseeker’s Allowance Regulations 1996[F1470, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF1471...F1470], in receipt of income support 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 support as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations 1987 by the members of the couple or polygamous marriage,
the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;F1469]
(f)where—
(i)the claimant was a member of a family of a person (not being a former partner) entitled to income support 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 income support within 12 weeks [F1472or, as the case may be, 52 weeks,F1472] of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,
the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.
F1473(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the purposes of this Schedule, where a claimant has ceased to be entitled to income support because he or his partner 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 [F1474or under the Enterprise and New Towns (Scotland) Act 1990F1474], he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.
[F1475(3ZA)For the purposes of this Schedule, a claimant who has ceased to be entitled to income support because—
(a)that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996[F1476, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF1477...F1476][F1478or in an employment zone schemeF1478]; and
(b)in consequence of such participation the claimant or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV,
shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in that programme [F1479or activityF1479].F1475]
[F1480(3A)Where, for the purposes of sub-paragraphs [F1481(1), (3) and (3ZA)F1481], a person is treated as being in receipt of income support, for a certain period, he shall[F1482, subject to sub-paragraph (3AA),F1482] be treated as being entitled to income support for the same period.F1480]
F1483(3AA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1484(3B)For the purposes of this Schedule, in determining whether a person is entitled to or to be treated as entitled to income support, entitlement to a contribution-based jobseeker’s allowance immediately before a period during which that person or his partner is participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996[F1485, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF1486...F1485] shall be treated as entitlement to income support for the purposes of any requirement that a person is, or has been, entitled to income support for any period of time.F1484]
(4)For the purposes of this Schedule, sub-paragraph (5) applies where a person is not entitled to income support by reason only that he has—
(a)capital exceeding [F1487£16,000F1487]; or
(b)income [F1488equal to orF1488] exceeding the applicable amount which applies in his case, or
(c)both capital exceeding [F1489£16,000F1489] and income exceeding the applicable amount which applies in his case.
(5)A person to whom sub-paragraph (4) applies shall be treated as entitled to income support throughout any period of not [F1490moreF1490] than 39 weeks which comprises only days—
(a)on which he is entitled to unemployment benefit, [F1491a contribution-based jobseeker’s allowance,F1491] statutory sick pay [F1492, incapacity benefit or contributory employment and support allowanceF1492] ; 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 [F1493regulation 8A or 8BF1493] of the Social Security (Credits) Regulations 1975; or
(c)in respect of which the claimant is treated as being in receipt of income support.
[F1494(5A)Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom [F1495paragraph 4 or 5 of Schedule 1B (persons caring for another person) appliesF1495] or a lone parent shall, for the purposes of this Schedule, be treated as entitled to income support throughout any period of not more than 39 weeks following the refusal of a claim for income support made by or on behalf of that person.F1494]
[F1494(5B)Sub-paragraph (5A) 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;
[F1496(b)is a [F1497full-time studentF1497], other than one who would qualify for income support under regulation 4ZA(3) (prescribed categories of person);F1496]
(c)is temporarily absent from Great Britain, other than in the circumstances specified in regulation 4(2) and (3) (temporary absence from Great Britain).F1494]
(6)In a case where—
(a)[F1498sub-paragraphs (5) and (5A) applyF1498] solely by virtue of sub-paragraph (4)(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 [F1499any payment which qualifies under paragraph 17F1499],
[F1500sub-paragraphs (5) and (5A)F1500] shall have effect as if for the words “throughout any period of not [F1501moreF1501] than 39 weeks" there shall be substituted the words “throughout any period that payments are made in accordance with the terms of the policy".
F1502(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)This sub-paragraph applies—
(a)to a person who claims income support, or in respect of whom income support 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 income support 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 income support was payable ended not more than 26 weeks before the date the claim was made.
(9)Where sub-paragraph (8) applies, in determining—
F1503(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for the purposes of paragraph 8(1) whether a claimant has been [F1504entitled toF1504] income support 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.
[F1505(10)In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (1)(a)(ii), [F1506(1)(c)(iv),F1506] (1)(d) and (1)(f)(iii) to a period of 12 weeks shall be treated as references to a period of [F1507104 weeksF1507].F1505]
[F1508(11)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 (12) applies;
(b)subject to sub-paragraph (10), 12 weeks in any other case.
(12)This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—
(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) of the Jobseeker’s Allowance Regulations 1996; or
(c)is participating in—
(i)a New Deal option;
(ii)an employment zone programme; or
(iii)the self-employment route; [F1509or
(iv)the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996F1510...,F1509]
and, as a consequence, he or his partner was engaged in remunerative work or had income [F1511equal to orF1511] in excess of the applicable amount as prescribed in Part IV.
(13)Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph F1512... 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.F1508]
[F1513(14)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 support in this Schedule shall be taken to include also a reference to state pension credit.F1513]
[F1514(15)For the purpose of determining whether the linking rules set out in this paragraph apply in a case where [F1515a claimant, a claimant’s partner orF1515] a claimant, a claimant’s partner or a claimant's former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.F1514]
Loans on residential property
F151615.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loans for repairs and improvements to the dwelling occupied as the home
F151616.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1517Housing costsF1517]
17.—(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 tenancyF1518...;
(b)service charges;
(c)payments by way of rent charge within the meaning of section 1 of the Rent charges Act 1977;
(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 [F1519paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006F1519] (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 [F1520paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006F1520] (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 [F1521the meaning in sub-paragraph (6)F1521].
(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 redecorations 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.
[F1522(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.F1522]
Non-dependant deductions
18.—(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—
[F1523(a)in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, [F1524£126.65F1524];
(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, [F1525£19.65F1525].F1523]
(2)In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in [F1526remunerativeF1526] work, where the claimant satisfies the [F1527Secretary of StateF1527] that the non-dependant’s gross weekly income is—
(a)less than [F1528£183.00F1528] the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);
(b)not less than [F1529£183.00F1529] but less than [F1530£266.00F1530] the deduction to be made under this paragraph shall be [F1531£45.15F1531];
(c)not less than [F1532£266.00F1532] but less than [F1533£348.00F1533] the deduction to be made under this paragraph shall be [F1534£62.00F1534];
[F1535(d)not less than [F1536£348.00F1536] but less than [F1537£463.00F1537] the deduction to be made under this paragraph shall be [F1538£101.35F1538];
(e)not less than [F1539£463.00F1539] but less than [F1540£577.00F1540] the deduction to be made under this paragraph shall be [F1541£115.45F1541].F1535]
[F1542(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.F1542]
(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 be 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 of 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)[F1543severely sight impaired or blind or treated as severely sight impaired or blindF1543] by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or
(b)receiving in respect of himself either—
(i)an attendance allowance; F1544...
[F1545(ia)pension age disability payment;F1545]
(ii)the care component of the disability living allowance[F1546; F1547...
[F1548(iia)the care component of child disability payment;F1548]
[F1549(iib)the care component of Scottish adult disability living allowance;F1549]
(iii)the daily living component of personal independence paymentF1546]F1550...
[F1551(iiia)the daily living component of adult disability payment; orF1551]
[F1552(iv)armed forces independence payment.F1552]
(7)No deduction shall be made in respect of a non-dependant—
(a)if, although he resides with the claimant, it appears to the [F1553Secretary of StateF1553] that the dwelling occupied as his home is normally elsewhere; or
(b)if he is in receipt of a training allowance paid in connection with [F1554youth trainingF1554] 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 income support [F1555or an income-based jobseeker’s allowanceF1555]; or
(e)in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under [F1556regulation 74 of the Housing Benefit Regulations 2006F1556] (non-dependant deductions); or
(f)to whom, but for paragraph (2C) of regulation 3 (definition of non-dependant) paragraph (2B) 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 [F155752F1557] weeks, or is a prisoner, and for these purposes—
[F1558(i)“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 21(3); and
(ii)in calculating a 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; orF1558]
[F1559(h)if he is in receipt of state pension credit.F1559]
[F1560(i)he is aged less than 25 and is in receipt of [F1561income-relatedF1561]employment and support allowance [F1562and is not a member of the work-related activity group or a member of the support group; orF1562].F1560]
[F1563(j)if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income.F1563]
(8)In the case of a non-dependant to whom sub-paragraph (2) applies because he is in [F1564remunerativeF1564] work, there shall be disregarded from his gross income—
(a)any attendance allowance[F1565, pension age disability paymentF1565][F1566, disability living allowance[F1567, Scottish adult disability living allowanceF1567][F1568, child disability paymentF1568][F1569, personal independence payment, adult disability paymentF1569,F1566]][F1570or armed forces independence paymentF1570] received by him;
(b)[F1571any Grenfell Tower payment[F1572, child abuse payment[F1573, Windrush payment[F1574, Post Office compensation payment or LGBT Financial Recognition Scheme paymentF1574,F1573,F1572]]] orF1571] any payment made under [F1575or byF1575] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust[F1576, MFET LimitedF1576][F1577, the Skipton Fund, the Caxton FoundationF1577][F1578, the Scottish Infected Blood Support SchemeF1578][F1579, an approved blood schemeF1579][F1580, the London Emergencies Trust, the We Love Manchester Emergency FundF1580][F1581, the National Emergencies TrustF1581] or the Independent Living [F1582Fund (2006)F1582] which, had his income fallen to be calculated under regulation 40 (calculation of income other than earnings), would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and
(c)any payment which, had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments).
[F1583(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.F1583]
[F1584(9)For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.F1584]
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.F1409]
Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)
F1585SCHEDULE 3APROTECTED SUM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)
F1586SCHEDULE 3BPROTECTED SUM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 2A(1)(b)
SCHEDULE 3C THE GREATER LONDON AREA
F1587...
F1587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 19
F1588SCHEDULE 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 20
F1589SCHEDULE 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 20(2) paragraph 5 of Schedule 5
SCHEDULE 6BOARD AND LODGING AREAS
F1590...
[F1591Regulations 21 and 21AAF1591]
SCHEDULE 7APPLICABLE AMOUNTS IN SPECIAL CASEScross-notesI79
| Column (1) | Column (2) |
|---|---|
PatientsF15921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F15921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F15932. . . . | F15932. . . . |
| [F1594Persons serving a sentence of imprisonment detained in hospital | |
2A. A person serving a sentence of imprisonment detained in hospital.F1594] | [F15952A.Nil.F1595] |
F15962B. . . . | F1596. . . |
F1597,F15983. . . . | |
F15994. . . . | F1599. . . |
F16005. . . . | F1600. . . |
| Claimants without accommodation | |
6. A claimant who is without accommodation. | 6. The amount applicable to him under regulation 17 [F1601(1)F1601] (a) only. |
| Members of religious orders | |
7. A claimant who is a member of and fully maintained by a religious order. | 7. Nil. |
| Prisoners | |
8. A person— | |
(a)except where sub-paragraph (b) applies, who is a prisoner; | 8.— (a)Nil; |
(b)who is detained in custody pending trial or sentence following conviction by a court. | (b)only such amount, if any, as may be applicable under regulation 17 [F1601(1)F1601] (e). |
| Specified cases of temporarily separated couples | |
9. A claimant who is a member of a couple and who is temporarily separated from his partner[F1602where— (a)one member of the couple is– [F1603(i)not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, orF1603] (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), or (v)participating in arrangements for training made under section 2 of the Employment and Training Act 1973[F1604or section 2 of the Enterprise and New Towns (Scotland) Act 1990F1604] or attending a course at an employment rehabilitation centre established under that section [F1605of the 1973 ActF1605], 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 [F1606(iii)residing in a care home, an Abbeyfield Home or an independent hospital.F1606,F1602]] | 9. Either— (a)the amount applicable to him as a member of a couple under regulation 17 [F1601(1)F1601] ; 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 | |
10. 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— [F1607(a)not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, orF1607] (c)F1608. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d)resident in premises used for the rehabilitation of alcoholics or drug addicts; or (e)attending a course of training or instruction provided or approved by the [F1609Secretary of State for Education and EmploymentF1609] where the course requires him to live away from home; or (f)in a probation or bail hostel approved for the purpose by the Secretary of State. | 10. Either— (a)the amount applicable to the members of the polygamous marriage under regulation 18; or (b)the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 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. |
| [F1610Single claimants temporarily in local authority accommodation | |
10A. F1611 . . . | F1611 . . . |
| Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation | |
10B. F1612 . . . | F1612 . . . |
| Lone parents who are in residential accommodation temporarilyF1610] | |
10C. F1613 . . . | F1613. . . |
| [F1614Lone parents who are in residential care homes or nursing homes temporarilyF1614] | |
F161510D. . . . | F1615. . . |
| Couples where one member is abroad | |
11.[F1616Subject to paragraph 11A,F1616] a claimant who is a member of a couple and whose partner is temporarily not present in [F1617United Kingdom.F1617] | F1618,F161811. For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17 [F1601(1)F1601] , ... [F1619or 21F1619] as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17 [F1601(1)F1601] ... [F1619or 21F1619] as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent. |
| [F1620Couple or member of couple taking child or young person abroad for treatment | |
11A.—(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 the United Kingdom in [F1621in the circumstances specified in paragraph (2). (2)For the purposes of sub-paragraph (1), the specified circumstances are— (a)in respect of a claimant, those in regulation 4(3)(a) to (d); (b)in respect of a claimant’s partner, as if regulation 4(3)(a) to (d) applied to that partner.F1621] | 11A.For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1)F1622... or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1)F1622... or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.F1620] |
| [F1623Polygamous marriages where any member is abroad | |
12.Subject to paragraph 12A, 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 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, 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.F1623] |
| [F1624Polygamous marriage: taking child or young person abroad for treatment | |
12A.—(1)A claimant who is a member of a polygamous marriage where— (a)he or one of his partners is, (b)he and one or more of his partners, are or (c)two or more of his partners are, absent from the United Kingdom in [F1625in the circumstances specified in paragraph (2). (2)For the purposes of sub-paragraph (1), the specified circumstances are— (a)in respect of a claimant, those in regulation 4(3)(a) to (d); (b)in respect of a claimant’s partner or partners, as the case may be, as if regulation 4(3)(a) to (d) applied to that partner or those partners.F1625] | 12A.For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, 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.F1624] |
| [F1626Persons in residential accommodationF1626] | |
13. F1627 . . . | F1627. . . |
| [F1628Polish ResettlementF1628] | |
13A. F1629 . . . | F1629. . . |
| [F1630Polish resettlement: Persons temporarily absent from accommodationF1630] | |
13B. F1631 . . . | 13B. F1631 . . . |
| Polish Resettlement | |
14. F1632 . . . | F1632. . . |
| Resettlement Units | |
15. F1633 . . . | F1633. . . |
| Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home | |
F163416. . . . | F1634. . . |
| [F1635Partner of a person subject to immigration control | |
16A.—(a)A claimant who is the partner of a person subject to immigration control. (b)Where regulation 18 (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 support.F1635] | [F163516A.—(a)[F1636 The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young person who is a member of his family and who is not a person 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 income support, any amounts which may be applicable to him under regulation 17(1)(b), (c) or (d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21. F1636] [F1636The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.F1636] (b)[F1636 The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, 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 income support.F1636] [F1636The amount determined in accordance with that regulation or regulation 21 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 income support.F1636,F1635]] |
| Persons from abroad | |
17. person from abroad | 17. nil; |
| Persons in residential care or nursing homes who become patients | |
F163718. . . . | F1637. . . |
Claimants entitled to the disability premium for a past period19. A claimant— (a)F1639whose time for claiming income support has been extended under regulation[F163819(4)F1638] of the Social Security (Claims and Payments) Regulations 1987 (time for claiming benefit); and (b)whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under [F1640regulation 6(3) of those RegulationsF1640] and [F1641ending with the day before the dayF1641] on which the claim is actually made; and (c)who satisfied the condition in [F1642paragraph 11(1)(b)F1642] of Schedule 2 and the additional condition referred to in that paragraph and specified in paragraph 12(1)(b) of that Schedule in respect of that period. | 19. The amount only of the disability premium applicable by virtue of [F1642paragraph 11(1)(b)F1642] of Schedule 2 as specified in paragraph 15(4)(b) of that Schedule. |
[F1643Persons who have commenced remunerative work19A.A person to whom regulation 6(5) (persons not treated as in remunerative work) applies.F1643] | [F164419A.—(1)Subject to sub-paragraph (2), the lowest of either— (a)the amount determined in accordance with— (i)Schedule 3 (housing costs); F1645... (ii)as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs), [F1646or (iii)as the case may be, Schedule 6 to the Employment and Support Allowance Regulations (housing costs),F1646] which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a); or (b)the amount of income support [F1647, income-related employment and support allowanceF1647] or, as the case may be, income-based jobseeker’s allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker’s allowance which he would have been entitled to in that week had he not been in receipt of a training allowance. (2)Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6), in order to reflect changes during that period to the amounts prescribed in Schedule 2 F1648... or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified to in sub-paragraph (3). (3)The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant’s case occasioned by— (a)the claimant becoming entitled to income support for a continuous period of 26 weeks or more; (b)a change to the standard interest rate; or (c)any non-dependant deduction becoming applicable, or ceasing to be applicable. (4)In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.F1644] |
Rounding of fractionscross-notes20. Where any calculation under this Schedule or as a result of income support 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. | |
Regulations 36(2), 38(2) and 44(6)
SCHEDULE 8SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGScross-notesI80,I81,I82,I83,I84,I85,I86,I87,I88,I89,I90,I91,I92
[F16491.—(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 income support;
(b)any earnings, other than a payment of the nature described in [F1650sub-paragraph (2)(a) or (b)(ii)F1650], 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—
[F1651(a)any payment of the nature described in—
(i)regulation 35(1)(e), or
(ii)section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); andF1651]
(b)any award, sum or payment of the nature described in—
(i)regulation 35(1)(g) or (h), 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.F1649]
[F16521A.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 the partner has attained the qualifying age for state pension credit on retirement.F1652]
[F16532.—(1)In the case of a claimant to whom this paragraph applies, any earnings (other than a payment of the nature described in [F1654paragraph 1(2)(a) or (b)(ii)F1654]) which relate to employment which ceased before the first day of entitlement to income support 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.F1653]
3. In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner[F1655or, had the employment been in Great Britain, would have been so engagedF1655] 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 30(2) (royalties etc.) applies.
[F16564.—(1)In a case to which this paragraph applies, [F1657£20F1657]; but notwithstanding regulation 23 (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 [F1657£20F1657].
(2)This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient F1658... F1659... would include, an amount by way of a disability premium under Schedule 2 (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 2 but for the higher pensioner premium under that Schedule being applicable; or
(ii)had he not been an in-patient F1660... F1661... 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
F1662(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)This paragraph applies where–
(a)the claimant’s applicable amount includes, or but for his being an in-patient F1663... F1664... would include, an amount by way of the higher pensioner premium under Schedule 2; and
(b)[F1665the claimant’s partner has attained the qualifying age for state pension credit;F1665]
(c)immediately before attaining that age F1666... his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) F1666... to a disregard of [F1657£20F1657]; and
(d)he or, as the case may be, he or his partner has continued in part-time employment.
F1667(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1667(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1668(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)[F1669on or after the date on which the claimant’s partner attained the qualifying age for state pension credit during which the partner was not engaged in part-time employment or the claimant was not entitled to income support [F1670or employment and support allowanceF1670]; orF1669]
(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[F1671or section 2 of the Enterprise and New Towns (Scotland) Act 1990F1671] or to attend a course at an employment rehabilitation centre established under that section [F1672of the 1973 ActF1672];
(b)in a case where the claimant has ceased to be entitled to income support [F1670or employment and support allowanceF1670] 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 income support [F1670or employment and support allowanceF1670], not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which [F1673the claimant’s partner attains the qualifying age for state pension credit.F1673];
(c)no account shall be taken of any period occurring on or after the date on which [F1674the claimant’s partner, if he is a member of a couple, attained the qualifying age for state pension credit F1674] during which the claimant was not entitled to income support [F1670or employment and support allowanceF1670] because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973[F1675or section 2 of the Enterprise and New Towns (Scotland) Act 1990F1675] or attending a course at an employment rehabilitation centre established under that section [F1676of the 1973 ActF1676].F1668,F1656]]
[F16775.In a case where the claimant is a lone parent and paragraph 4 does not apply, [F1678£20F1678].F1677]
[F16796.Where the claimant is a member of a couple—
(a)in a case to which none of paragraphs 4, 6A, 6B, 7 and 8 applies , £10; but notwithstanding regulation 23 (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 sub-paragraph are less than £10;
(b)in a case to which one or more of paragraphs 4, 6A, 6B, 7 and 8 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 those paragraphs exceed £10.F1679]
(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 [F1681£20F1681] of the aggregated amount.F1680]
(a)specified in paragraph 7(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 6A exceed [F1684£20F1684];
(b)other than one specified in paragraph 7(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 6A exceed [F1684£20F1684].F1680]
7.—(1) In a case to which none of paragraphs [F16854 to 6BF1685] applies to the claimant, [F1686£20F1686] of earnings derived from one or more employments as—
F1687(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1688(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1689(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1690(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;F1690]
(b)an auxiliary coastguard in respect of coast rescue activities;
(c)a person engaged part time in the manning or launching of a life boat;
(d)F1691a member of any ... reserve force prescribed in Part I of [F1692Schedule 6 to the Social Security (Contributions) Regulations 2001F1692] ;
but, notwithstanding regulation 23 (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 [F1686£20F1686] ;
(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 [F1686£20F1686] .
8. Where the claimant is engaged in one or more employments specified in paragraph 7(1) but his earnings derived from such employments are less than [F1693£20F1693] 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 7 exceed [F1693£20F1693] .
9. In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.
[F169410.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 31(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.F1694]
11. 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.
12. 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.
13. Any earnings which is 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.
14. Any earnings of a child or young person[F1695except earnings to which paragraph 15 appliesF1695] .
15.[[F1696,F1697In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975(meaning of “child”) is nonetheless treated for the purposes of these Regulations as receiving relevant education andF1697] who is engaged in remunerative work, if—
(a)an amount by way of a disabled child premium under Schedule 2 (applicable amounts) isF1698... 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, [F1699£20F1699];
(b)in any other case, £5.F1696]
[F170015A.—(1)Where earnings to which sub-paragraph (2) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount (as specified in Part IV and Schedule 2) less 10 pence, the amount of those earnings corresponding to that excess.
(2)This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 7, derived by the claimant from employment as a member of any F1701... 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 [F1702or 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.F1702,F1700]]
F170315B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F170415C.In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, any earnings.F1704]
16. In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work).
Regulation 40 (2)
SCHEDULE 9SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGScross-notesI93,I94,I95,I96,I97,I98,I99,I100,I101,I102,I103,I104,I105,I106,I107,I108,I109,I110,I111,I112,I113,I114,I115,I116,I117
1. Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).
[F17051A.Any payment in respect of any travel of other expenses incurred, or to be incurred, by the claimant in respect of that claimant’s participation in [F1706a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013F1706] or the Mandatory Work Activity Scheme.F1705]
2. Any payment in respect of any expenses incurred [F1707, or to be incurred,F1707] by a claimant who is—
(a)engaged by a charitable or [F1708voluntary organisationF1708] ; 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 42 (6) (notional income).
[F17092A.Any payment in respect of expenses arising out of the [F1710claimant participating as a service userF1710].F1709]
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.
(a)any amount deducted by way of primary Class 1 contributions under the Social Security Act;
(b)one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.
(a)any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975;
(b)one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.F1719]
[F17245.Any housing benefit to which the claimant is entitled.F1724]
[F17255A.Any guardian’s allowance.F1725]
[F17265B.–
(1)Any child tax credit.
(2)Any child benefit.F1726]
[F1727(3)Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Contributions and 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 support, and
(b)the claimant, or that claimant’s partner, has been awarded a child tax credit.F1727]
[F17285C.—(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 2 of, and Schedule 1 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) Regulations 2006.F1728]
6.[F1729TheF1729][F1730mobility component of disability living allowanceF1730][F1731, the mobility component of Scottish adult disability living allowanceF1731][[F1732,F1733,F1733] the mobility component of personal independence paymentF1732][F1734or the mobility component of adult disability paymentF1734] .
7. Any concessionary payment made to compensate for the non-payment of—
(a)any payment specified in [F1735paragraph 6 [F1736or 9F1736,F1735]] ;
[F1737(b)income support;
(c)an income-based jobseeker’s allowance; F1738...
(d)an income-related employment and support allowanceF1737][F1739; or
(e)universal credit.F1739]
8. Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.
[F17409.Any attendance allowance[F1741, the care component of disability living allowance[F1742, the care component of Scottish adult disability living allowanceF1742][F1743,F1743] the daily living component of personal independence paymentF1741][F1744or the daily living component of adult disability paymentF1744]F1745....F1740]
F17469A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.
[F174711.—(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;
[F1748(iii)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; F1749...F1748]
(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[F1750; or
(c)in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.F1750]
(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
[F1751(c)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,F1751]
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 [F1752or other paymentF1752] made pursuant to any provision specified in sub-paragraph (1).F1747]
[F175311A.Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.F1753]
F175412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F175513.—(1)Any payment made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employmentetc.) except a payment—
(a)made as a substitute for income support, a jobseeker’s allowance, incapacity benefit [F1756, severe disablement allowance or an employment and support allowanceF1756];
(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 17(1)(e) or 18(1)(f) (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.F1755]
F175714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F175815.—(1)Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.F1759]
F1760(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F1761Sub-paragraph (1)F1761] 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)in the case of a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).
F1760(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1760(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1758]
[F1762(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.F1762]
F1763(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176415A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176515B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F176616.Subject to paragraphs 36 and 37, £10 of any of the following, namely—
(a)a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);
(b)a war widow’s pension[F1767or war widower’s pensionF1767];
(c)a pension payable to a person as a [F1768widow, widower or surviving civil partnerF1768] under F1769... 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;
[F1770(cc)a guaranteed income payment[F1771and, if the amount of that payment has been abated to less than £10 by a [F1772pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005F1772], so much of [F1773that pension or paymentF1773] as would not, in aggregate with [F1774anyF1774] amount of the guaranteed income payment disregarded, exceed £10F1771];F1770]
(d)a payment made to compensate for the non-payment of such a pension [F1775or paymentF1775] as is mentioned in any of the preceding sub-paragraphs;
(e)a pension paid by the government of a country outside Great Britain which is analogous to any of the [F1776pensions or payments mentioned in sub-paragraphs (a) to (cc) aboveF1776,F1766]] ;
[F1777(f)a pension paid by a government to victims of National Socialist persecution;F1777]
[F1778(g)any widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act;
(h)any widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act.F1778]
17. 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 [F1779or, if it was higher at that time, pensionable ageF1779] ;
(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—
[F1780(i)where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (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;F1780]
(ii)in any other case the interest which is payable on the loan without deduction of such a sum.
[F178118.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 19 or 20 refers.F1781]
[F178219.Where the claimant occupies a dwelling as his home and the dwelling is also occupied by [F1783another personF1783] 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—
[F1784(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.F1784,F1782]]
[F178520.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 £20.00, 100% of such payments; or
(b)where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.F1785]
[F178621.—(1)[F1787Subject to sub-paragraphs (2) and (3)F1787], except where [F1788regulation 40(4)(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) orF1788]regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;
(2)The exception under sub-paragraph (1) shall not apply where the income in kind[F1789is a Grenfell Tower payment[F1790, a child abuse payment or a Windrush paymentF1790] orF1789] is received from the Macfarlane Trust[F1791, the Macfarlane (Special Payments) TrustF1791][F1792, the Macfarlane (Special Payments) (No. 2) TrustF1792][F1793, the FundF1793][F1794, the Eileen TrustF1794][F1795, MFET LimitedF1795][F1796, the Skipton Fund, the Caxton FoundationF1796][F1797, the Scottish Infected Blood Support SchemeF1797][F1798, an approved blood schemeF1798][F1799, the London Emergencies Trust, the We Love Manchester Emergency FundF1799][F1800, the National Emergencies TrustF1800][F1801or [F1802the Independent Living [F1803Fund (2006)F1803,F1802,F1801]]].F1786]
[F1804(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.F1804]
[F1805(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.F1805]
22.—(1) Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 [F180612 or 25 to 28F1806] of Schedule 10.
(2) Income derived from capital disregarded under paragraph 2 [F18074 or 25 to 28F1807] of Schedule 10 but [F1808only 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.F1808]
[F1809(3)The definition of “water charges” in regulation 2(1) 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”.F1809]
23. 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.
24. 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.
25.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—
[F1810(a)[F1811pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordanceF1811] with a scheme approved by the [F1812Scottish Ministers under section 51AF1812] of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adopters) [F1813or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)F1813];F1810]
[F1814(b)F1815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1816(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);F1816]
(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 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a [F1817child arrangementsF1817] order);
(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);F1814]
[F1818(e)in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);F1818]
[F1819to the extent specified in sub-paragraph (2)F1819] .
[F1820(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.F1820]
(2)[F1821In the case of a child or young person—
(a)to whom regulation 44 (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.F1821]
[F182225A.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.F1822]
[F182326.Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—
(a)by a local authority under—
[F1824(i)section 22C(2) of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained),F1824]
[F1825(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),F1825]
(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).F1823]
[F182627.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 [F1827but excluding payments of housing benefit made in respect of the person concernedF1827];
(c)a voluntary organisation; or
(d)F1828the person concerned pursuant to section 26(3A) of the National Assistance Act 1948;F1826] ...
[F1829(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);F1829]
[F1830(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);F1830]
[F1831(da)[F1832an integrated care boardF1832] established under section 14D of the National Health Service Act 2006;F1831]
[F1831(db)[F1833NHS EnglandF1833]; orF1831]
F1834(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1835(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.F1835]
[F183627A.Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).F1836]
[F183728.—(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, F1838...
(c)section [F183922,F1839][F184026A, 29F1840] or 30 of the Children (Scotland) Act[F18411995, 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.F1841]
(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 [F184222 orF1842][F1843, 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)F1843] 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—
(a)to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
(b)in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).
(5)Sub-paragraph (2) applies only where A—
(a)was formerly in the claimant’s care, and
[F1844(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, andF1844]
(c)continues to live with the claimant.F1837]
[F184529.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.F1845]
[F184630.—(1)Except where paragraph 29 [F1847or 30ZAF1847] 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 [F1848under Part 1 of Schedule 1 to the Loans for Mortgage Interest RegulationsF1848];
[F1849(b)any charge which qualifies in accordance with paragraph 17 of Schedule 3 (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);F1849]
(c)any payment due on a loan which qualifies [F1850under Part 1 of Schedule 1 to the Loans for Mortgage Interest RegulationsF1850] attributable to the payment or capital;
(d)any amount due by way of premiums on—
(i)[F1851an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above;F1851] or
(ii)a policy of insurance 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 [F1852exceedsF1852] the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948[F1853or Part 1 of the Care Act 2014 (care and support)F1853][F1854or 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 ActF1854].
(2)This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).F1846]
[F1855(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.F1855]
[F185630ZA.—(1)Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 29, 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.F1856]
[F185730A.—(1)Subject to sub-paragraphs (2) and (3), in the case of a claimant[F1858residing in a care home, an Abbeyfield Home or an independent hospitalF1858], any payment, [F1859except a charitable or voluntary payment disregarded under paragraph 15F1859]F1860..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home [F1861or hospitalF1861].
(2)This paragraph shall not apply to a claimant for whom accommodation in a [F1862care home, an Abbeyfield Home or an independent hospitalF1862] is provided by
[F1863(a)F1863]a local authority under section 26 of the National Assistance Act 1948F1864.... [F1865or
(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)F1865][F1866or 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).F1866]
(3)The amount to be disregarded under this paragraph shall not exceed the difference between—
[F1867(a)the claimant’s applicable amount; andF1867]
(b)the weekly charge for the accommodation.F1857]
[F186831.Any social fundpayment made pursuant to [F1869Part 8 of the Contributions and Benefits ActF1869].F1868]
[F187031A.Any local welfare provision.F1870]
32. Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.
33. Any payment under [F1871Part 10 of the Contributions and Benefits ActF1871] (pensioner's Christmas bonus).
34. In the case of a person to whom section 23 of the Act (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of subsection 6 of that section made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polyamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.
35. 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.
36. 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 23 (3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63 (2) (b) and 64 (1) (c) (calculation of covenant income where a contribution assessed) [F1872, regulation 66A(2) (treatment of student loans)[F1873, regulation 66B(3) (treatment of payments from access funds)F1873,F1872]] and [F1874paragraph 16F1874] shall in no case exceed [F1875£20F1875] per week.
37. Notwithstanding paragraph 36 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 31 (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.
F187638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F187739.—(1)Any payment made under [F1878or byF1878] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), [F1879the FundF1879][F1880, the Eileen TrustF1880][F1881, MFET LimitedF1881][F1882, the Skipton Fund, the Caxton FoundationF1882][F1883, the Scottish Infected Blood Support SchemeF1883][F1884, an approved blood schemeF1884][F1885, the London Emergencies Trust, the We Love Manchester Emergency FundF1885][F1886, the National Emergencies TrustF1886] or [F1887the Independent Living [F1888Fund (2006)F1888,F1887]].
[F1889(1A)Any—
(a)Grenfell Tower payment;
(b)child abuse payment;F1889]
[F1890(c)Windrush payment;
(d)Post Office compensation payment;
(e)LGBT Financial Recognition Scheme payment.F1890]
(2)Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [F1879or who is or was a qualifying personF1879], which derives from a payment made under [F1878or byF1878] any of the Trusts to which sub-paragraph (1) refers [F1891, or from a Grenfell Tower payment[F1892, a child abuse payment[F1893, a Windrush payment, a Post Office compensation payment[F1894, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF1894,F1893,F1892]]] ,F1891] 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 [F1895or 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 deathF1895];
(b)any child 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; or
(c)any 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 [F1896or who is or was a qualifying personF1896] provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced [F1897or, 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 deathF1897], which derives a payment made under [F1878or byF1878] any of the Trusts to which sub-paragraph (1) refers [F1898, or from a Grenfell Tower payment[F1892, a child abuse payment[F1893, a Windrush payment, a Post Office compensation payment[F1894, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF1894,F1893,F1892]]] ,F1898] and which is made to or fro the benefit of—
(a)the person who is suffering from haemophilia [F1899or who is a qualifying personF1899];
(b)any child 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; or
(c)any 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 [F1900or who is a qualifying personF1900], which derives from a payment under [F1878or byF1878] any of the Trusts to which sub-paragraph (1) refers, [F1901or from a Grenfell Tower payment[F1892, a child abuse payment[F1893, a Windrush payment, a Post Office compensation payment[F1894, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF1894,F1893,F1892]]] ,F1901] where—
(a)that person has no partner or former partner from whom he is not estranged or divorced [F1902or with whom he has formed a civil partnership that has not been dissolvedF1902], 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 [F1903full-time studentF1903] 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 [F1900or who was a qualifying personF1900], which derives from a payment under [F1878or byF1878] any of the Trusts to which sub-paragraph (1) refers, [F1904or from a Grenfell Tower payment[F1892, a child abuse payment[F1893, a Windrush payment, a Post Office compensation payment[F1894, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF1894,F1893,F1892]]] ,F1904] 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 [F1905or with whom he had formed a civil partnership that had not been dissolvedF1905], 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 [F1906full-time studentF1906] 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[F1907or from a Grenfell Tower paymentF1907][F1892, a child abuse payment[F1893, a Windrush payment, a Post Office compensation payment[F1894, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF1894,F1893,F1892]]].F1877]
[F1908(7)For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund[F1909, the Eileen Trust[F1910, MFET LimitedF1910][F1911, the Skipton FundF1911][F1912, the Caxton FoundationF1912][F1913, the Scottish Infected Blood Support SchemeF1913][F1914, an approved blood schemeF1914][F1915, the London Emergencies Trust, the We Love Manchester Emergency FundF1915][F1916, the National Emergencies TrustF1916] and the London Bombings Relief Charitable FundF1909].F1908]
[F191740.Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.F1917]
F191841. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F191943.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 benefit Acts.F1919]
F192044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F192145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F192246.Any payment in consequence of a reduction of council tax under section 13 [F1923, 13AF1923] or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).F1922]
F192447. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F192548.—(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 [F1926and Social CareF1926], the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).F1925]
[F192549.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).F1925]
[F192750.Any payment made either by the Secretary of State for [F1928JusticeF1928] or by the [F1929Scottish MinistersF1929] under a scheme established to assist relatives and other persons to visit persons in custody.F1927]
[F193051.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 1944F1931... to assist disabled persons to obtain or retain employment despite their disability.F1930]
[F193252.F1933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1932]
[F193253.—(1))If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and 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.F1932]
[F193455.In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to [F1935widows, widowers or surviving civil partnersF1935]), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
56.—(1)Any payment which is—
(a)made under any of the Dispensing Instruments to a [F1936widow, widower or surviving civil partnerF1936] 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
[F1937(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.F1937]
(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 1992 (exceptional grants of pay, non-effective pay and allowances).F1934]
F1938,F193957. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F194058.Any payment made F1941... [F1942as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F1942][F1943, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)F1943][F1944or under sections 31 to 33 of the Care Act 2014 (direct payments),F1944][F1945or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F1945][F1946or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F1946][F1947, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).F1947]
F194859.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F194960.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61.—(1)Any payment specified in sub-paragraph (2) to a claimant who was formerly a [F1950studentF1950] 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 VIII of Part V;
[F1951(b)any student loan as defined in Chapter VIII of Part V;F1951,F1940]]
[F1951(c)any contribution as defined in Chapter VIII of Part V which—
(i)is taken into account in ascertaining the amount of a student loan referred to in head (b); and
(ii)has been paid.F1951]
F195262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F195362A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F195463. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F195564. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F195664.—(1)Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under [F1957the self-employment routeF1957], any payment to the 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 V.F1956]
F195865. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F195966.Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or [F1960section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003F1960] or the provision of accommodation or welfare services to which [F1961Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refersF1961], [F1962or the provision of care and support under Part 1 of the Care Act 2014 (care and support)F1962][F1963, or the provision of care and support in respect of an adult under Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs)F1963] which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person [F1964living in a care home, an Abbeyfield Home or an independent hospitalF1964]).F1959]
[F196569.—(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 17(1)(e) or 18(1)(f) (housing costs) F1966..., 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.F1965]
F196770. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F196871.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.F1968]
[F196872.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.F1968]
[F196973.—(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—
the Child Support Act 1991;
the Child Support (Northern Ireland) Order 1991;
a court order;
a consent order;
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 54 (interpretation) other than a person falling within sub-paragraph (d) of that definition.F1969]
[F197074.In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, the whole of his income.F1970]
[F197175.Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.F1971]
[F197276.—(1)Any payment made by a local authority, or by the [F1974Welsh MinistersF1974], 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.F1973]
(2)For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.F1972]
[F197576A.Armed forces independence paymentF1975]
F197677. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F197879.Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)F1978]
[F197980.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 7(1)(f) or 72 of Schedule 10.F1979]
[F198081.Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.F1980]
[F198182.Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.F1981]
[F198283.Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.F1982]
[F198384.Any Scottish childpayment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.F1983]
[F198485.Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.F1984]
[F198586.Any disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.F1985]
[F198687.Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.F1986]
Regulation 46(2)
SCHEDULE 10CAPITAL TO BE DISREGARDEDcross-notesI118,I119,I120,I121,I122,I123,I124,I125,I126,I127,I128,I129,I130,I131,I132,I133,I134,I135,I136
1. The dwelling occupied as the home but, notwithstanding regulation 23 (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.
[F19871A.Any payment in respect of any travel or other expenses incurred, or to be incurred, by the claimant in respect of that claimant’s participation in [F1988a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013F1988] or the Mandatory Work Activity Scheme, but only for 52 weeks beginning with the date of receipt of the payment.F1987]
2. Any premises acquired for occupation by the claimant which he intends to occupy [F1989as his homeF1989] 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 [F1990a single claimant or any member ofF1990] the family [F1991as his homeF1991] where that person [F1992has attained the qualifying age for state pension creditF1992] or is incapacitated;
(b)F1993the 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 [F1994or with whom he formed a civil partnership that has been dissolvedF1994] .
[F19955.Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted in subsisting lease or tenancy, including sub-leases or sub-tenancies,F1995]
6.—(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.
[F1996(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 income support 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.F1996]
[F1997(3)In the case of a person who is receiving assistance under [F1998the self-employment routeF1998], 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.F1997]
7.[F1999—(1) Subject to sub-paragraph (2),F1999] any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—
(a)any payment specified in paragraph [F20006, 8, [F20019, 76A, [F200284, 85 or 86F2002,F2001]] of Schedule 9F2000] (other income to be disregarded);
[F2003(b)an income-related benefit [F2004, an income-related employment and support allowanceF2004] or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002;F2003]
F2005(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2006(d)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001F2006][F2007;
(e)universal creditF2007]
[F2008(f)bereavement support payment under section 30 of the Pensions Act 2014,F2008]
[F2009(g)maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner),F2009]
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
[F2010(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—
[F2011(a)paid in order to rectify, or to compensate for—
(i)an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or
(ii)an error on a point of law; andF2011]
(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 income support, for the remainder of that award if that is a longer period.F2010]
[F2010(3)For the purposes of sub-paragraph (2), “the award of income support” means—
(a)the award [F2012of any ofF2012] income support [F2013, an income-related employment and support allowanceF2013][F2014, an income-based jobseeker’s allowance or universal creditF2014] 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 [F2015anyF2015] of income support [F2016, an income-related employment and support allowanceF2016][F2014, an income-based jobseeker’s allowance or universal creditF2014] 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 sumF2010][F2017, or
(iv)in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum.F2017]
[F20187A.Any payment of a widowed parent’s allowance made pursuant to section 39A of the Contributions and Benefits Act (widowed parent’s allowance)—
(a)to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Contributions and Benefits Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and
(b)in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,
but only for a period of 52 weeks from the date of receipt of the payment.F2018]
8. 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.
9. Any sum—
(a)F2019,F2020deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 or section 338(1) of the Housing (Scotland) Act 1987 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.
F202110. Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to ... income support or to increase the amount of that benefit.
11. The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.
[F202212.Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant[F2023or the claimant’s partnerF2023], the value of the trustfund and the value of the right to receive any payment under that trust.F2022]
[F202412A.—(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).F2024]
13. The value of the right to receive any income under a life interest or from a liferent.
14. The value of the right to receive any income which is disregarded under paragraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income to be disregarded).
15. The surrender value of any policy of life insurance.
16. Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
[F202517.—(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, F2026...
(c)section [F202726A,F2027] 29 or 30 of the Children (Scotland) Act[F20281995, 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.F2028]
(2)Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989[F2029or 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)F2029] 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—
(a)to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
(b)in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).
(5)Sub-paragraph (2) applies only where A—
(a)was formerly in the claimant’s care, and
[F2030(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, andF2030]
(c)continues to live with the claimant.F2025]
[F203118.Any social fundpayment made pursuant to [F2032Part 8 of the Contributions and Benefits ActF2032].F2031]
[F203318A.Any local welfare provision.F2033]
19. Any refund of tax which falls to be deducted under [F2034section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax)F2034] 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.
20. Any capital which under [F2035regulation 41[F2036, 44(1)F2036] or 66A (capital treated as income[F2036, modifications in respect of children and young personsF2036] or treatment of student loans)F2035] is to be treated as income.
21. 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.
[F203722.—(1)Any payment made under [F2038or byF2038] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), [F2039the FundF2039][F2040, the Eileen TrustF2040][F2041, MFET LimitedF2041][F2042, the Independent Living [F2043Fund (2006)F2043][F2044, the Skipton Fund[F2045, the Caxton FoundationF2045][F2046, the Scottish Infected Blood Support SchemeF2046][F2047, an approved blood schemeF2047][F2048, the London Emergencies Trust, the We Love Manchester Emergency FundF2048][F2049the National Emergencies Trust,F2049][F2050, the Victims of Overseas Terrorism Compensation SchemeF2050] or the London Bombings Relief Charitable FundF2044,F2042]].
[F2051(1A)Any Grenfell Tower payment[F2052, child abuse payment, Windrush paymentF2052][F2053, Post Office compensation payment[F2054, vaccine damage payment or LGBT Financial Recognition Scheme paymentF2054,F2053]] or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.F2051]
(2)Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [F2039or who is or was a qualifying personF2039], which derives from a payment made under [F2038or byF2038] any of the Trusts to which sub-paragraph (1) refers [F2055, or from a Grenfell Tower payment[F2056, a child abuse payment[F2057, a Windrush payment, a Post Office compensation payment[F2058, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF2058,F2057,F2056]]] ,F2055] 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 [F2059or 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 deathF2059];
(b)any child 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; or
(c)any 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 [F2060or who is or was a qualifying personF2060] provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced [F2061or, 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 deathF2061], which derives from a payment made under [F2038or byF2038] any of the Trusts to which sub-paragraph (1) refers [F2062, or from a Grenfell Tower payment[F2056, a child abuse payment[F2057, a Windrush payment, a Post Office compensation payment[F2058, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF2058,F2057,F2056]]] ,F2062] and which is made to or for the benefit of—
(a)the person who is suffering from haemophilia [F2063or who is a qualifying personF2063];
(b)any child 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; or
(c)any 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 [F2064or who is a qualifying personF2064], which derives from a payment under [F2038or byF2038] any of the Trusts to which sub-paragraph (1) refers, [F2065or from a Grenfell Tower payment[F2056, a child abuse payment[F2057, a Windrush payment, a Post Office compensation payment[F2058, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF2058,F2057,F2056]]] ,F2065] where—
(a)that person has no partner or former partner from whom he is not estranged or divorced [F2066or with whom he has formed a civil partnership that has not been dissolvedF2066], 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 [F2067full-time studentF2067] 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 [F2064or who was a qualifying personF2064], which derives from a payment under [F2038or byF2038] any of the Trusts to which sub-paragraph (1) refers, [F2068or from a Grenfell Tower payment[F2056, a child abuse payment[F2057, a Windrush payment, a Post Office compensation payment[F2058, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF2058,F2057,F2056]]] ,F2068] 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 [F2069or with whom he had formed a civil partnership that had not been dissolvedF2069], 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 [F2070full-time studentF2070] 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.
[F2071(5A)Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.F2071]
[F2072(5B)Any payment out of the estate of a person, which derives from a payment made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person as a result of that person having been infected from contaminated blood products.F2072]
(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[F2073or from a Grenfell Tower paymentF2073][F2056, a child abuse payment[F2057, a Windrush payment, a Post Office compensation payment[F2074, a vaccine damage payment or an LGBT Financial Recognition Scheme paymentF2074,F2057,F2056]]] .F2037]
[F2075(7)For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund[F2076, the Eileen Trust[F2077, MFET LimitedF2077][F2078, the Skipton FundF2078][F2079, the Caxton FoundationF2079][F2080, the Scottish Infected Blood Support SchemeF2080][F2081, an approved blood schemeF2081][F2082, the London Emergencies Trust, the We Love Manchester Emergency FundF2082][F2083, the National Emergencies TrustF2083][F2084, the Victims of Overseas Terrorism Compensation SchemeF2084] and the London Bombings Relief Charitable FundF2076].F2075]
F208522A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F208623.The value of the right to receive an occupational [F2087or personalF2087] pension.F2086]
[F208823A.The value of any funds held under a personal pension schemeF2089....F2088]
[F208624.The value of the right to receive any rent [F2090except where the claimant has a reversionary interest in the property in respect of which rent is due.F2090,F2086]]
[F209125.Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from [F2092, or dissolution of his civil partnership with,F2092] his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwellingF2091][F2093or, 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.F2093]
[F209126.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.F2091]
[F209427.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.F2094]
[F209128.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.F2091]
[F209529.Any payment in kind [F2096which is a Grenfell Tower payment[F2097, child abuse payment or Windrush paymentF2097] orF2096] made by a charity [F2098or under [F2099or byF2099] the Macfarlane (Special Payments) TrustF2098][F2100, the Macfarlane (Special Payments) (No. 2) Trust[F2101the FundF2101][F2102, MFET LimitedF2102][F2103, the Skipton Fund, the Caxton FoundationF2103][F2104, the Scottish Infected Blood Support SchemeF2104][F2105, an approved blood schemeF2105]F2106... or the Independent Living Fund (2006)F2100].F2095]
[F210730.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.F2107]
[F209531.Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.F2095]
F210832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F210833. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F210934.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 benefit Acts.F2109]
F211035. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F211136.Any payment in consequence of a reduction of F2112... [F2113council tax under section 13 [F2114, 13AF2114] or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax),F2113] but only for a period of 52 weeks from the date of the receipt of the payment.F2111]
[F211537.Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (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.F2115]
[F211638.—(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 [F2117and Social CareF2117], 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.F2116]
[F211639.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.F2116]
[F211839A.Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant).F2118]
[F211940.Any payment made either by the Secretary of State for [F2120JusticeF2120] or by the [F2121Scottish MinistersF2121] 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.F2119]
[F212241.Any arrears of supplementary pension which is disregarded under paragraph 54 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.F2122]
[F212342.Any payment (other than a training allowanceF2124...) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944F2125... to assist disabled persons to obtain or retain employment despite their disability.F2123]
[F212343.Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958[F2126or under Part 4 of the Social Services and Well-being (Wales) Act 2014F2126] to homeworkers assisted under the Blind Homeworkers' Scheme.F2123]
[F212744.—(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.F2127]
[F212845.Any sum of capital administered on behalf of a person F2129... in accordance with an order made under [F2130section 13 of the Children (Scotland) Act 1995F2130], or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules, 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 [F2131where the person concerned is under the age of 18F2131].F2128]
[F213246.Any payment to the claimant as holder of the Victoria Cross or George Cross.F2132]
F213347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213348. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213550A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213651. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F213752.In the case of a person who is receiving, or who has received, assistance under [F2138the self-employment routeF2138], 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.F2137]
F213953. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F214056.—(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 17(1)(e) or 18(1)(f) (housing costs) F2141..., 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.F2140]
F214257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214357. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F214458. 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.F2144]
[F214459.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.F2144]
[F214560. 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.F2145]
[F214661. 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 [F2147or deceased civil partnerF2147]; or
(d)the claimant’s partner’s deceased spouse [F2147or deceased civil partnerF2147],
by the Japanese during the Second World War, £10,000.F2146]
[F214862.In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, the whole of his capital.F2148]
[F214963.—(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;
[F2150(iii)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; F2151...F2150]
(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[F2152; or
(c)in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.F2152]
(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
[F2153(c)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,F2153]
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 [F2154or other paymentF2154] made pursuant to any provision specified in sub-paragraph (1).F2149]
[F215564.—(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 [F215620F2156],
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 [F215720F2157],
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[F2158residing in a care home, an Abbeyfield Home or an independent hospitalF2158] 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.F2155]
[F215965.The amount of a payment, other than a war pensionF2160..., to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse [F2161or deceased civil partnerF2161] or the claimant’s partner’s deceased spouse [F2161or deceased civil partnerF2161]—
(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.F2159]
[F216266.—(1)Any payment made by a local authority, or by the [F2164Welsh MinistersF2164], 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.F2163]
(2)For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.F2162]
[F216567.Any payment made under [F2166sections 31 to 33 of the Care Act 2014 (direct payments) or underF2166]F2167... regulations made under section 57 of the Health and Social Care Act 2001 or [F2168as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F2168][F2169, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)F2169][F2170, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)F2170].F2165]
[F217168.Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.F2171]
[F217268A.Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).F2172]
F217369. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F217470. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F217571.Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)F2175]
[F217672.—(1)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.F2176]
[F2178(2)Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—
(a)in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and
(b)paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died,
but only for a period of 52 weeks from the date of receipt of the payment.F2178]
[F217973.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.F2179]
[F218074.Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).F2180]
[F218175.Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.F2181]
[F218276.Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.F2182]
[F218377.Any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.F2183]
[F218478.Any winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.F2184]