SCHEDULE 1 1
SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
1. Any earnings derived from employment which are payable in a country outside the United Kingdom where there is a prohibition against the transfer to the United Kingdom of those earnings.
2. Any earnings of a child or young person.
3. Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment to sterling.
SCHEDULE 2 2
SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
1. Any amount paid by way of tax on income which is taken into account under regulation 24 (calculation of income other than earnings).
2. Any payment in respect of any expenses incurred by a claimant who is-
(a) engaged by a charitable or [ voluntary organisation3]; 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 26(4) (notional income).
3. Any housing benefit [, income-based jobseeker's allowance4] or income support.
4. Any mobility allowance [ , disability living allowance or [ disabled person's tax credit5] 6].
5. Any concessionary payment made to compensate for the non-payment of-
(a) any payment specified in paragraph 4 or 7;
(b) income support [ income-based jobseeker's allowance7].
6. Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.
7. Any payment which is-
(a) an attendance allowance under section 35 of the Social Security Act8;
(b) an increase of disablement pension under sections 61 or 63 of that Act9;
(c) a payment made under regulations made in exercise of the power conferred by section 159(3)(b) of that Act;
(d) an increase of allowance payable in respect of constant attendance under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 197510;
(e) payable by virtue of articles 14,15,16,43 or 44 of the Personal Injuries (Civilians) Scheme 198311 or any analogous payment; or
(f) a payment based on need for attendance which is paid as part of a war disablement pension.
8. Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.
9. [Any-
(a) education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 199612 (payment of school expenses; grant of scholarships etc.); or
(b) sum (not being an allowance coming within (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 518 of the Education Act 1996, section 49 of the Education (Scotland) Act 198013 (power to assist persons to take advantage of educational facilities) or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 14 (provisions of financial assistance to students)15.]
10. In the case of a student, any sums intended for any expenditure specified in paragraph (2) of regulation 38 (calculation of grant income) necessary as a result of his attendance on his course16.
[ 11. In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 197317 [ or section 2 of the Enterprise and New Towns (Scotland) Act 199018]19 or attending a course at an employment rehabilitation centre established under that section [ of the 1973 Act20]-
(a) any travelling expenses reimbursed to the claimant;
(b) any living away from home allowance under section 2(2)(d) [ of the 1973 Act or section 2(4)(c) of the 1990 Act];
(c) any training premium.
[ d) any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker's Allowance Regulations 1996 or in the Intensive Activity Period for 50 plus 21;]
but this paragraph, except insofar as it relates to a payment under sub-paragraph (a), [ (b), (c) or (d)22], does not apply to any part of any allowance under section 2(2)(d) [ of the 1973 Act or section 2(4)(c) of the 1990 Act.]]
[ 12. Any Jobmatch Allowance payable pursuant to arrangements made under section 2(1) of the employment and training Act 1973 where the payments will cease by the date on which the period under section 128(3) of the Contributions and Benefits Act (period of award) is to begin23]
[12A. Any payment by way of Job Grant pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 24 25.]
[ 13.-(1) Except where sub-paragraph (2) applies and subject to sub-para- graph (3) and paragraphs 29 and 34, [ £2026] of any charitable payment or of any voluntary payment made or due to be made at regular intervals.
(2) Subject to sub-paragraph (3) and paragraph (34), any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel [ or housing costs of any member of the family or is used for any personal community 27[ charge,] collective community charge contribution [ or council tax] for which any member of the family is liable, 28]
[ (3) Sub-paragraphs (1) and (2) shall not apply to a payment which is made or due to be made by-
(a) a former partner of the claimant, or a former partner of any member of the claimant's family; or
(b) the parent of a child or young person where that child or young person is a member of the claimant's family.29]
(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account they shall be treated as though they were one such payment.
(5) For the purposes of sub-paragraph (2) 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.30]
[ 14. Subject to paragraph 29, £10 of any of the following, namely-
(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 6 or 7);
(b) a war widow's [ or war widower's 31 ] pension;
(c) a pension payable to a person as a widow [ or widower 31 ] under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 in so far as that Order is made under the Naval and Marine Pay and Pensions Act 1865 [or the Pensions and Yeomanry Pay Act 188432], or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
(d) a payment made to compensate for the non-payment of such a pension 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 pensions mentioned in sub-paragraphs (a) to (c) above;
(f) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.33]
15. Any child benefit under part I of the Child Benefit Act 197534.
16.-(1) Any income derived form capital to which the claimant is, or is treated under regulation 35 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1,2,4, 6 [ 13 or 26 to 30 35 ] of Schedule 3.
(2) Income derived from capital disregarded under paragraph 2 [, 4 or 26 to 3035] of Schedule 3 but [ only to the extent of-
(a) any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
(b) any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.36]
17. Where a person receives income under an annuity purchased with a loan which satisfies the following conditions-
(a) that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as "the annuitants") who include the person to whom the loan was made;
(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;
(d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
(e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,
the amount, calculated on a weekly basis equal to-
[ (i) where, or insofar as, section 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;37]
(ii) in any other case the interest which is payable on the loan without deduction of such a sum.
[ 18. 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 40 or regulation 21(2) (earnings of self-employed earners) refers. 38].
[ 19. Where the claimant occupies a dwelling as his home and the dwelling is also occupied by [ another person39] 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-
(a) £4 of 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; and
(b) a further [ £9.2540], where the aggregate of any such payments is inclusive of an amount for heating. 41]
20. Any income in kind.
21. Any income which is payable in a country outside the United Kingdom where there is a prohibition against the transfer to the United Kingdom of that income.
22.-(1) Any payment made to the claimant in respect of a child or young person who is a member of his family-
[ (a) in accordance with regulations made pursuant to section 57A of the Adoption Act 197642 (permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 197843 (schemes for payment of allowances to adopters);
(b) 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 residence order)44,]
[ (c) 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 Schedule 1 to, that Order (contribution by an authority to child's maintenance); 45]
[ (a) in accordance with a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 195846, or as the case may be, section 51 of the Adoption (Scotland) Act 197847 (schemes for payments of allowances to adopters);
(b) which is a payment made by a local authority in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 197548 (contributions to a custodian towards the cost of the accommodation and maintenance of a child) 49,]
to the extent specified in sub-paragraph (2).
(2) In the case of a child or young person-
(a) to whom regulation [ 2750] applies (capital in excess of £3,000), the whole payment;
(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the credit in respect of that child or young person under Schedule 4.
[ 23. Any payment made by a local authority to the claimant with whom a person is accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 or, as the case may be, section 21 of the Social Work (Scotland) Act 1968 or by a voluntary organisation under section 59(1)(a) of the 1989 Act or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 198551 (provision of accommodation and maintenance for children by local authorities and voluntary organisations). 52]
24. [ 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;
(c) a voluntary organisation; or
(d) the person concerned pursuant to section 26(3A) of the National Assistance Act 194853.54]
[ 25. Any payment made by a local authority in accordance with section [ 17, 23C, 24, 24Aor 24B55 56 ] of the Children Act 1989 or, as the case may be, section 12,24 or 26 of the Social Work (Scotland) Act 1968 (provision of services for children and their families and advice and assistance to certain children). 57]
[ 25A.-(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments-
(a) on a loan which is secured on the dwelling which the claimant occupies as his home; or
(b) 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 payments referred to in sub-paragraph (1)(a) or, as the case may be, (b); and
(b) meet any amount due by way of premiums on-
(i) that policy; or
(ii) in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as condition of the loan referred to in sub-paragraph (1)(a). 58]
26. Any payment of income which under regulation 31 (income treated as capital) is to be treated as capital.
[ 27. Any maternity allowance under section 22 of the Social Security Act59 or statutory maternity pay under Part V of the Act. 60]
28. Any payment under paragraph 2 of Schedule 6 to the Act (pensioners' Christmas bonus).
29. 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 10(2) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 39(2)(b) (calculation of covenant income where a contribution assessed)[, regulation 42A(2) (treatment of student loans) 61] and paragraphs [ 13(1) 62] and 14, shall in no case exceed [ £2063] per week.
30. 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.
[ [ 31. Any maternity allowance under section 22 of the Social Security (Northern Ireland) Act 197564 or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 19866566.]
32. Any payment in respect of expenses to which regulation 19(2) (earnings of employed earners) applies.
33. Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987 (transitional provisions)67.
[ 34.-(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (no. 2) Trust ("the Trusts"), [ the Fund68][ , the Eileen Trust69 ] or [ the Independent Living Funds70].
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [ or who is or was a qualifying person71], which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of-
(a) that person's partner or former partner from who he is not, or where that person has died was not estranged or divorced;
(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 [ or who is or was a qualifying person71] provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of-
(a) the person who is suffering from haemophilia [ or who is a qualifying person];
(b) any child 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 [ or who is a qualifying person71], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where-
(a) that person has no partner or former partner from who he is not estranged or divorced, nor any child or young person who is or had been a member of that person's family; and
(b) the payment is made either-
(i) to that person's parent or step-parent, or
(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person's death.
(5) Any payment out of the estate of a person who suffered from haemophilia [ or who was a qualifying person72], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where-
(a) that person at the date of his death (the relevant date) had no partner or former partner from which he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and
(b) the payment is made either-
(i) to that person's parent or step-parent, or
(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.
[ (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 73[ and the Eileen Trust] 74 ]75.]76]
[ 35. Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit. 77]
[ 36. Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
37. Any payment made by the Secretary of state to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 198378.
38. Any payment made to a juror or witness in respect of attendance at court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
3979 80]
[ 40. Where the claimant occupies a dwelling as his home and he provides in that dwelling broad 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 £20.0081.]
[ 41. Any community charge benefit.
42. Any payment in consequence of a reduction of a person community charge pursuant to regulations under section 13A of the Local Government Finance Act 198882 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 198783 (reduction of liability for personal community charge) [ or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 199284 (reduction of liability for council tax). 85]
43. Any special war widows payment made under-
(a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 186586;
(b) the Royal Warrant date 19th February 1990 amending the Schedule to the Army Pensions Warrant 197787;
(c) the Queen's Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 191788;
(d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 198089;
(e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 198090;
and any analogous payment by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph91].
[ 44.-(1) Any payment or repayment made-
(a) as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 198892 (travelling expenses and health service supplies);
(b) as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 198893 (travelling expenses and health service supplies).
(2) Any payment or repayment made by the Secretary of State for health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
45. Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 198894 (payments made in place of milk tokens or the supply of vitamins).
46. Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.95]
[ 47.-(1) [ Any96] payment of maintenance, whether under a court order or not, which is made or due to be made by-
(a) the claimant's former partner, or the claimant's partner's former partner; or
(b) the parent of a child or young person where that child or young person is a member of the claimant's family except where that parent is the claimant or the claimant's partner.
(2) For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment. 97]
[ 48. Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 194498 or in accordance with arrangements made under section 2 of the Employment and Training Act 197399 to assist disabled persons to obtain or retain employment despite their disability. 100]
[ 49. Any council tax benefit.
50. Any guardian's allowance. 101]
[ 51. Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act [ or pension under the Naval, Military and Air Forces Etc. (Disablement and death) Service Pensions Order 1983102], any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act [ or the rate of that pension under that Order] where the dependant in respect of whom the increase is paid is not a member of the claimant's family103.]
[ 52. Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows [ or widowers 104 ]).
53. In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows [ or widowers 104 ] ), the sum specified in paragraph (1)(c) of Schedule 4 to that Scheme.
54.-(1) Any payment which is-
(a) made under any of the Dispensing Instruments to a widow [ or widower 104 ] 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
(b) equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows [ or widowers 104 ] ).
(2) In this paragraph "the Dispensing Instruments" means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances). 105]
[ 55. Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991106.]
[ 56. Any payment made by the Secretary of State under the Earnings Top-up Scheme107.]
[ 57. Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.
58.-(1) Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to 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 or housing costs of any member of the family or any personal community charge, collective community charge contribution or any council tax for which any member of the family is liable.
(3) For the purposes of this paragraph, "ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities108].
[59. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in-
(a) the self-employment route;
(b) an employment programme specified in-
(i) regulation 75(1)(a)(ii)(bb) of the Jobseeker's Allowance Regulations 1996 (Voluntary Sector Option of the New Deal);
(ii) regulation 75(1)(a)(ii)(cc) of those Regulations (Environmental Task Force Option of the New Deal); or
(c) the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or the Intensive Activity Period for 50 plus 109 .]
[ 60. Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker's Allowance Regulations 1996.110]
[ 61.-(1) Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996111 112(self-employment route of the Employment Option of the New Deal), any payment to that person-
(a) to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
(b) which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,
in respect of which such assistance is or was received.
(2) Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker's Allowance Regulations 1996. 113]
[ 62.-(1) Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker's Allowance Regulations 1996.
(2) No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student's attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 42 (student's income to be disregarded) 114.]
S.I.2000 No.3134 regn16 modifies Sch. 2 from 28 November 2000 to 27 November 2001, unless revoked earlier. An earlier modification was applied by S.I.1999/976 from 1 April 1999 to 29 November 1999.
[63. Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
64. Any top-up payment made to a person ("the participant") pursuant to-
(a) section 2 of the Employment and Training Act 1973 in respect of the participant's participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations ("the intensive activity period"); or
(b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant's participation in the intensive activity period and which is made in respect of the participant's participation in that period.]
[ 65.-(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 or housing costs of any member of the family or any council tax for which any member of the family 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;
"housing costs" do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing 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. 115]
[66. Any payment of voucher provided under section 95 or 99 of the Immigration and Asylum Act 1999 for any former asylum-seeker or his dependents.
67. In the case of a claimant participating in an employment zone scheme, any payment made by an employment zone contractor to the claimant being-
(a) a training premium payable in respect of the claimant's participation in the employment zone scheme; or
(b) a discretionary payment, being a fee, grant, loan or otherwise116.]
[68. In the case of a claimant participating in [a course of training funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, the Scottish Enterprise or the Highlands and Islands Enterprise, or 117] an employment zone scheme, any payment [under the course or scheme 118 ] by way of monies accumulated in order to assist in the pursuit of self-employed earner's employment which are paid after the claimant has ceased to participate [in the course or scheme 118] 119.]
[69. In the case of a claimant who is absent from work by reason of jury service, any payment to the claimant in respect of loss of earnings by reason of that jury service 120.]
[70. £15 of any-
(a) widowed mother's allowance paid pursuant to section 37 of the Contributions and Benefits Act;
(b) widowed parent's allowance paid pursuant to section 39A of the Contributions and Benefits Act 121.]
[71. Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 122 123.]
SCHEDULE 3 124
CAPITAL TO BE DISREGARDED
1.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; but, notwithstanding regulation 10 (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.
[1A.-(1) The dwelling, together with any garden, garage and outbuildings, which the claimant intends in due course to occupy as his home but which he currently does not so occupy solely because he resides in living accommodation which is for him job-related.
(2) Notwithstanding regulation 10, only one dwelling shall be disregarded under this paragraph.
(3) In sub-paragraph (1) the reference to a dwelling includes any premises which it is impracticable or unreasonable to sell separately from the dwelling, in particular, in Scotland, any croft land on which the dwelling is situated.
(4) For the purposes of sub-paragraph (1) living accommodation is job-related for a claimant if it meets either of the following conditions:
Condition 1
The living accommodation is provided for the claimant by reason of his employment, or for his partner by reason of her employment, in any of the following cases-
(i) where it is necessary for the proper performance of the duties of the employment that the employee should reside in that accommodation;
(ii) where the accommodation is provided for the better performance of the duties of the employment, and it is one of the kinds of employment in the case of which it is customary for employers to provide living accommodation for employees;
(iii) where, there being a special threat to the employee's security, special security arrangements are in force and the employee resides in the accommodation as part of those arrangements.
Condition 2
The living accommodation is provided for the claimant or his partner under a contract entered into with a person with whom the claimant or his partner is not connected and requiring him or his partner-
(a) to carry on a particular trade, profession, business or vocation;
(b) to carry on that trade, profession, business or vocation on premises or other land provided by another person (whether under a tenancy or otherwise); and
(c) to live either on those premises or on other premises provided by that other person.
(5) For the purposes of Condition 2 the claimant or his partner is connected with another person ("A") in any of the following circumstances-
(a) A is a relative, or the partner of a relative, of the claimant or his partner;
(b) A is a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership, or the partner or a relative of a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership.
(6) In sub-paragraph (5) "relative" means brother, sister, ancestor or lineal descendant 125.]
2. Any premises acquired for occupation by the claimant which he intends to occupy [ as his home126] 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 partner or relative (that is to say any close relative, grandparent, grandchild, uncle, aunt, nephew or niece) of any member of the family [ as his home127], where that person is aged 60 or over or has been incapacitated for a continuous period of at least 13 weeks immediately preceding the date of the claim.
[ 5. Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies. 128]
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.
[ (2) The assets of any business owned in whole or in part by the claimant where-
(a) he has ceased to be engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; and
(b) he intends to become re-engaged as a self-employed earner in that business as soon as he recovers or is able to be re-engaged in that business;
for a period of 26 weeks from the date on which the claimant last ceased to be engaged in that business, or, if it is unreasonable to expect him to become re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so re-engaged. 130]
[ (3) In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal) 131 , 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. 132]
7. Any sum attributable to the proceeds of sale of any asset of such a business which is re-invested or to be re-invested in the business within 13 weeks of the date of sale or such longer period as may be reasonable to allow for the re-investment.
8. Any arrears of, or any concessionary payment made to compensate for arrears due to non-payment of-
(a) any payment specified in paragraphs 4, 6 or 7 of Schedule 2;
(b) an income-related benefit 133[ or income-based jobseeker's allowance,] or supplementary benefit under the Supplementary Benefits Act 1976134, family income supplement under the Family Income Supplements Act 1970135 or housing benefit under Part II of the Social Security and Housing Benefits Act 1982136,
(c) [ any earnings top-up137,]
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
9. 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,
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.
10. Any sum-
(a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985138 or section 338(1) of the Housing (Scotland) Act 1987139 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.
11. Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to [ working families' tax credit140] or to increase the amount of that benefit.
12. The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.
[ 13. Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust. 141]
14. The value of the right to receive any income under a life interest or from a life rent.
15. The value of the right to receive any income which is disregarded under paragraph 1 of Schedule 1 or 21 of Schedule 2.
16. The surrender value of any policy of life insurance.
17. Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
[ 18. Any payment made by a local authority in accordance with section [ 17, 23C, 24, 24Aor 24B 142 ] of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (provision of services for children and their families and advice and assistance to certain children). 143]
[ 19. Any social fund payment made pursuant to Part III of the Act. 144]
20. Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982145 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purposes of acquiring an interest in the home or carrying out repairs or improvements to the home.
[21. Any capital which by virtue of regulations 25 (capital treated as income), 27(1) (modifications in respect of children and young persons) or 42A (treatment of student loans) is to be treated as income146.]
22. Where a payment of capital is made in currency other than sterling, any banking charge or commission payable in converting that payment to sterling.
[ [ 23.-(1) Any payment made under the Macfarlane Trust, the Macfarlane (special Payments) Trust, the Macfarlane (special Payments) (No.2) Trust ("the Trusts"), [ the Fund147][ , the Eileen Trust] or [ the Independent Living Funds148].
(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [ or who is or was a qualifying person149], which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of-
(a) that person's partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;
(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 [ or who is or was a qualifying person] provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of-
(a) the person who is suffering from haemophilia [ or who is a qualifying person];
(b) any child 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 [ or who is a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where-
(a) that person has no partner or former partner from who he is not estranged or divorced, nor any child or young person who is or had been a member of that person's family; and
(b) the payment is made either-
(i) to that person's parent or step-parent, or
(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person's death.
(5) Any payment out of the estate of a person who suffered from haemophilia [ or who was a qualifying person150], which derives form a payment under any of the Trusts to which sub-paragraph (1) refers, where-
(a) that person at the date of his death (the relevant date) had no partner or former partner form who he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and
(b) the payment is made either-
(i) to that person's parent or step-parent, or
(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives form any payment of income or capital made under or deriving from any of the Trusts.
[ (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 [ and the Eileen Trust151] 152.]153]
24. The value of the right to receive an occupational [ or personal154] pension.
[ 24A. The value of any funds held under a personal pension scheme or retirement annuity contract. 155]
25. The value of the right to receive any rent [ except where the claimant has a reversionary interest in the property in respect of which rent is due155.]]
[ 26.-(1) Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling.
(2) In this paragraph "dwelling" includes any garage, garden and outbuildings which were formerly occupied by the claimant as his home and 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.
27. 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.
[ 28. 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 the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises. 157]
29. 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.
30. Any premises occupied in whole or in part by the former partner of a claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced158.]
[ 31. Any payment in kind made by a charity [ or under the Macfarlane (Special Payments) Trust159][ , the Macfarlane (Special payments) (No. 2) Trust [ the Fund or the Independent Living (1993) Fund. 160]]
32. [ £200 of any payment, or, if the payment is less than £200, the whole of any payment] made under section 2 of the Employment and Training Act 1973162 (functions of the Secretary of state) [ or section 2 of the Enterprise and New Towns (Scotland) Act 1990163]164 as a training bonus to a person participating in arrangements for training made under [ either of those sections165] [ but only for a period of 52 weeks from the date of the receipt of that payment166].
33. Any payment made by the Secretary of state to compensate for the loss (in whole or in part) of entitlement to housing benefit167.]
[ 34. Any payment made by the Secretary of state to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
35. Any payment made by the Secretary of state to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
36. Any payment made to a juror or witness in respect of attendance at court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
37168. 169]
[ 38. Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) [ or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), 170] but only for a period of 52 weeks from the date of receipt of the payment.171]
[ 39. Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing act 1988172 or section 66 of the Housing (Scotland) Act 1988173 (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 competed and the claimant to commence occupation of those premises as his home. 174]
[ 40.-(1) Any payment or repayment made-
(a) as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
(b) as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);
but only for a period of 52 weeks from the date of receipt of the payment or repayment.
(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of state for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only or a period of 52 weeks from the date of receipt of the payment or repayment.
41. Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.
42. Any payment made either by the Secretary of state for the Home Department or by the Secretary of State for Scotland 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.
43. Any arrears of special was widows payment which is disregarded under paragraph 43 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings) [ or of any amount which is disregarded under paragraph 52,53 or 54 of that Schedule175], but only for a period of 52 weeks from the date of receipt of the arrears176.]
[ 44. Any payment (other than a training allowance or training bonus under section 2 of the Employment and Training Act 1973177 made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944178 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
45. Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958179 to homeworkers assisted under the Blind Homeworkers' Scheme.180]
[ 46. Any sum of capital administered on behalf of a person ...181 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981, or the Court of Protection, 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 [ where the person concerned is under the age of 18 182].
47. Any sum of capital administered on behalf of a person ...181 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965, 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 [ where the person concerned is under the age of 18 182]183.]
[ 48. Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991, but only for a period of 52 weeks from the date of receipt of that payment. 184]
[ 49. Any payment to the claimant as holder of the Victoria Cross or George Cross185.]
[ 50. The amount of any back to work bonus payable by way of a jobseeker's allowance or income support in accordance with section 26 of the Jobseekers Act 1995, or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995, but only for a period of 52 weeks from the date of receipt186].
[ 51. The amount of any child maintenance bonus payable by way of a jobseeker's allowance or income support in accordance with section 10 of the Child Support Act 1995, or a corresponding payment under Article 4 of the Child Support (Northern Ireland) Order 1995187, but only for a period of 52 weeks from the date of receipt188.]
[ 52. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in-
(a) the self-employment route;
(b) an employment programme specified in-
(i) regulation 75(1)(a)(ii)(bb) of the Jobseeker's Allowance Regulations 1996 (Voluntary Sector Option of the New Deal);
(ii) regulation 75(1)(a)(ii)(cc) of those Regulations (Environmental Task Force Option of the New Deal); or
(c) the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or the Intensive Activity Period for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment 189.]
[ 53. Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker's Allowance Regulations 1996 but only for a period of 52 weeks from the date of receipt of the payment.190]
[ 54. In the case of a person who is receiving or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal)131, 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 date on which that sum was.191]
[55. Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker's Allowance Regulations 1996 but only for the period of 52 weeks from the date of receipt of that payment.192]
S.I.2000 No.314 regn.17 modifies Schedule 3 from 28 November 2000 to 27 November 2001, unless revoked earlier, by adding paras. 56 and 57.
[56. Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.
57. Any top-up payment made to a person ("the participant") pursuant to-
(a) section 2 of the Employment and Training Act 1973 in respect of the participant participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations ("the intensive activity period"); or
(b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant's participation in the intensive activity period and which is made in respect of the participant's participation in that period
but only for the period of 52 weeks beginning on the date of receipt of the payment.]
[ 58.-(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 or housing costs of any member of the family or any council tax for which any member of the family 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;
"housing costs" do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing 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. 193]
[ 59. Any education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc.) which is payable as a bonus payment at the end of an academic term but only for a period of 52 weeks from the date of receipt of that payment194.]
[60. In the case of a claimant participating in an employment zone scheme, any payment made by an employment zone contractor to the claimant being-
(a) a training premium payable in respect of the claimant's participation in the employment zone scheme; or
(b) a discretionary payment, being a fee, grant, loan or otherwise,
but only for the period of 52 weeks from the date of receipt of the payment.
61. 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 payment195.]
[62. Any payment made to a person under regulation 11 of the Housing Benefit (Payment to Reduce Under-occupation) Regulations 2000196, but only for a period of 52 weeks from the date of payment.
63. Any training grant payable under the New Deal 50 Plus Employment Credit scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973, but only for a period of 52 weeks from the date of payment197.]
[64. Any payment by way of Job Grant pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973, but only for a period of 52 weeks from the date of payment 198.]
[65. Any payment of £10,000 made by the Secretary of State to the claimant as a person who was held prisoner by the Japanese during World War Two or as the spouse of such a person 199.]
[66.-(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; or
(b) the diagnosed person's partner, or the person who was his partner at the date of his death; or
(c) a parent of a diagnosed person or a person acting in the place of his parents; or
(d) a member of the diagnosed person's family (other than his partner) or a person who was a member of his family (other than his partner) at the date of his 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 ceases full-time education or attains the age of 19,
whichever is the later.
(3) Subject to sub-paragraph (4), the amount 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 person who was the diagnosed person's partner at the date of his death; or
(b) a parent of a diagnosed person or a person acting in the place of his parents; or
(c) a person who was a member of the diagnosed person's family (other than his partner) at the date of his death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to the person to whom the trust payment had been made.
(4) Where a payment out of an estate as referred to in sub-paragraph (3) is made to-
(a) the person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which the 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 the 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 the payment is made and ending-
(i) two years after that date; or
(ii) on the day before the day on which that person ceases full-time education or attains the age of 19,
whichever is the later.
(5) In this paragraph, a reference to a person being a member of the diagnosed person's family at the date of the diagnosed person's death shall include a person who would have been a member of his family but for the diagnosed person being in residential accommodation, a residential care home or a nursing home 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;
"full-time education" means either-
(a) full-time attendance on a course of full-time education at a recognised educational establishment as defined in section 147(1) of the Contributions and Benefits Act, or
(b) full-time education provided otherwise than at a recognised educational establishment, if such education is recognised by the Secretary of State pursuant to section 142(2) of that Act and is not a course of advanced education for the purposes of Chapter VII of Part IV of these Regulations;
"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;
"residential accommodation", residential care home" and "nursing home" have the meanings given by regulation 2(1) of the Income Support (General) Regulations 1987 200 ;
"trust payment" means a payment under a relevant trust 201 .].
[67. Any ex-gratia payment made by the Secretary of State for Northern Ireland directly to the family of a victim of violence within the meaning given by section 1(4) of the Northern Ireland (Location of Victims' Remains) Act 1999 202 203.].
[68. Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 204.]
[69.-(1) Where a payment has been made to the claimant or his partner by, or on behalf of, a government of a country outside the United Kingdom, either from its own resources or with contributions from any other organisation, by way of compensation for a victim of National Socialism, the amount of that payment.
(2) In sub-paragraph (1) the reference to a victim of National Socialism is a reference to a person who was required to work as a slave or forced labourer for National Socialists or their sympathisers during the Second World War, or suffered property loss, or suffered injury, or is the parent of a child who died, at the hands of National Socialists or their sympathisers during the Second World War 205 .]
[SCHEDULE 4
DETERMINATION OF MAXIMUM WORKING FAMILIES' TAX CREDIT: ADULT, CHILD AND YOUNG PERSON CREDITS (EXCLUDING CHILDCARE TAX CREDIT) 206
(1)
|
(2)
| ||
1. |
Adult. |
1. |
[ £ 62.50 207 ] |
2. |
Adult to whom regulation 46(1)(b) applies (lone parent working, or member of a married or unmarried couple either or both of whom work , for not less than 30 hours per week ) |
2. |
£ 11.65 |
3. |
Adult to whom regulation 46(1)(d) applies (lone parent who is , or member of a married or unmarried couple either or both of whom are, severely disabled ) |
3. |
£16.25 |
4. |
Person in respect of the period beginning on, and including, that person's date of birth and ending on the day preceding the Tuesday which first occurs in the September following that person's sixteenth birthday. |
4. |
£ 26.45 |
5. |
Person in respect of the period beginning on , and including , the Tuesday which first occurs in the September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. |
5. |
£ 27.20 |
6. |
Child or young person- |
6. |
|
(a) to whom regulation 46(1)(f)( i ) applies (disabled child or young person ; or |
(a) |
£35.50 ; or | |
(b) to whom regulation 46(1)(f)(ii) applies (severely disabled child or young person) |
(b) |
£ 46.75 208 . ] | |
EXPLANATORY NOTE
(This note is not part of the Order)
These Regulations provide for various matters which affect entitlement to family credit. Regulations 3 to 5 prescribe the circumstances in which a person is treated as being in Great Britain; and provide for 24 hours' work a week as a minimum requirement. Regulations 6 to 9 make provision in respect of children and young persons who are normally living with the claimant as members of the household.
Regulations 10 to 45 and Schedules 1, 2 and 3 are concerned with the calculation of income and capital: regulation 28 sets the capital limit at £6,000 and regulation 36 provides for tariff income on capital over £3,000 at the rate of £1 a week for every £250 excess capital.
Regulations 46 to 48 concern the computation of entitlement. Regulation 46 and Schedule 4 prescribe the maximum family credit; for the claimant (whether or not a couple) £32.10 and for each child or young person £6.05 (under 11), £11.40 (under 16), £14.70 (under 18) or £21.35 (under 19). Regulation 47 sets the applicable amount for family credit at £51.45 per week and regulation 48 fixes the percentage of income over £51.45 a week deductible from the maximum family credit at 70 per cent.
Regulations 49 to 51 provide for various situations, including the death of the claimant, which may affect an award of family credit.
These Regulations are made before the expiry of 12 months from the commencement of the provisions under which they are made; they are accordingly exempt, by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.
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