The Jobseeker’s Allowance Regulations 1996

• (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.

• (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.

23

• (1) Any income derived from capital to which the claimant is, or is treated under regulation 115 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4 to 8, 11 or 17 of Schedule 8.

• (2) Income derived from capital disregarded under paragraph 2 or 4 to 8 of Schedule 8 but only to the extent of—

• (a) any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or

• (b) any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.

• (3) The definition of “water charges" in regulation 1(3) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home".

24

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

25

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

26

• (1) Any payment made to the claimant in respect of a child or young person who is a member of his family—

• (a) pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance with a scheme approved by the Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adopters) or in accordance with an adoption allowance scheme made under section71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);

• (c) which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a child arrangements 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);

• (e) in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);

to the extent specified in sub-paragraph (2).

• (1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.

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

• (a) to whom regulation 106(5) (capital in excess of £3,000) applies, the whole payment;

• (b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.

27

Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

• (a) by a local authority under—

• (i) section 22C(2) of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained),

• (ia) section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),

• (ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

• (iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

• (b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).

28

Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—.

• (a) a health authority;

• (b) a local authority but excluding payments of housing benefit made in respect of the person concerned;

• (c) a voluntary organisation; or

• (d) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 ...

• (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);

• (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);

• (da) an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;

• (db) NHS England; or

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

29

• (1) Any payment made by a local authority in accordance with—

• (a) section 17, 23B, 23C or 24A of the Children Act 1989,

• (b) section 12 of the Social Work (Scotland) Act 1968, ...

• (c) section 22, 26A, 29 or 30 of the Children (Scotland) Act 1995, or

• (d) the following sections of the Social Services and Well-being (Wales) Act 2014—

• (aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

• (bb) section 109, 110, 114 or 115.

• (2) Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 22, 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) to a person (“A”) which A passes on to the claimant.

• (3) Sub-paragraphs (1) and (2) are subject to the following provisions.

• (4) Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).

• (5) Sub-paragraph (2) applies only where A—

• (a) was formerly in the claimant’s care, and

• (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and

• (c) continues to live with the claimant.

30

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.

31

• (1) Except where paragraph 30 or 31A applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—

• (a) any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations;

• (b) any charge which qualifies in accordance with paragraph 16 of Schedule 2 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);

• (c) any payment due on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations attributable to the payment of capital;

• (d) any amount due by way of premiums on–

• (i) an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above, or

• (ii) an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home;

• (e) his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge exceeds the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 or Part 1 of the Care Act 2014 (care and support) or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act.

• (2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

• (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.

32

• (1) Subject to sub-paragraphs (2) and (3), in the case of a claimant residing in a care home, an Abbeyfield Home or an independent hospital, any payment, except a charitable or voluntary payment disregarded under paragraph 15 ..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home or hospital.

• (2) This paragraph shall not apply to a claimant for whom accommodation in a care home, an Abbeyfield Home or an independent hospital is provided by

• (a) a local authority under section 26 of the National Assistance Act 1948 or section 59 of the Social Work (Scotland) Act 1968.... or

• (b) a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support) or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and powers to meet care and support needs of an adult).

• (3) The amount to be disregarded under this paragraph shall not exceed the difference between—

• (a) the claimant’s applicable amount; and

• (b) the weekly charge for the accommodation.

33

Any social fund payment made pursuant to Part VIII of the Benefits Act.

34

Any payment of income which under regulation 110 (income treated as capital) is to be treated as capital.

35

Any payment under Part X of the Benefits Act (pensioner’s Christmas bonus).

36

In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), any payment up to the amount of the prescribed sum within the meaning of section 15(2)(d) made by a trade union.

37

Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

38

The total of a claimant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 88(4) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulations 132(2)(b) and 133(1)(c) (calculation of covenant income where a contribution assessed), regulation 136(2) (treatment of student loans), regulation 136A(3) (treatment of payments from access funds) and paragraph 17 shall in no case exceed £20 per benefit week.

39

Notwithstanding paragraph 38, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 96(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

• (1) Any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust (“the Trusts") , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust or the Independent Living Fund (2006).

• (1A) Any—

• (a) Grenfell Tower payment;

• (b) child abuse payment;

• (c) Windrush payment;

• (d) Post Office compensation payment;

• (e) LGBT Financial Recognition Scheme payment;

• (f) miscarriage of justice compensation payment.

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, 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 or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death;

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of—

• (a) the person who is suffering from haemophilia or who is a qualifying person;

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from the payment under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, where—

• (a) that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and

• (b) the payment is made either–

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, 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 or with whom he had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of his family; and

• (b) the payment is made either–

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment.

• (7) For the purposes of paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Skipton Fund , the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , MFET Limited , the National Emergencies Trust and the London Bombings Relief Charitable Fund.

42

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

43

Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

Any payment in consequence of a reduction of council tax under section 13, 13A or 80 of the Local Government Finance Act 1992 (reduction in liability for council tax).

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

• (1) Any payment or repayment made—

• (a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

• (b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);

• (c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies).

• (2) Any payment or repayment made by the Secretary of State for Health and Social Care , the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).

48

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).

49

Any payment made either by the Secretary of State for Justice or by the Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody.

50

Any payment (other than a training allowance) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 ... to assist disabled persons to obtain or retain employment despite their disability.

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

• (1) )If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

• (2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

53

Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.

54

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, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

55

• (1) Any payment which is–

• (a) made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person–

• (i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

• (ii) whose service in such capacity terminated before 31st March 1973; and

• (b) equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.

• (2) In this paragraph “the Dispensing Instruments" means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).

SCHEDULE 8 — CAPITAL TO BE DISREGARDED

1

The dwelling occupied as the home but, notwithstanding regulation 88, (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

2

Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

3

Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale, or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises occupied in whole or in part by—

• (a) a partner or relative of a single claimant or of any member of the family as his home where that person has attained the qualifying age for state pension credit or is incapacitated;

• (b) the former partner of a claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he formed a civil partnership that has been dissolved.

5

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from or dissolution of a civil partnership with his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied.

6

Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

7

Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings, whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

8

Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.

9

Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 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,

10

Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

11

• (1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

• (2) The assets of any business owned in whole or in part by the claimant where–

• (a) he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

• (b) he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business,

for a period of 26 weeks from the date on which the claim for a jobseeker’s allowance is made, or is treated as made, or if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.

• (3) In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

• (4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

12

—(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

• (a) any payment specified in paragraph 7, 9, 10, 72A, 80, 81 82, 84 or 85 of Schedule 7 (other income to be disregarded);

• (b) an income-based jobseeker’s allowance or an income-related benefit under Part VII of the Benefits Act , ... child tax credit, working tax credit , universal credit or an income-related employment and support allowance;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,

• (e) bereavement support payment under section 30 of the Pensions Act 2014,

• (f) maternity allowance under section 35 of the Benefits Act (state maternity allowance for employed or self-employed earner),

• (g) carer support payment, but only that amount 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 Benefits Act,

but only for a period of 52 weeks from the date of receipt of the arrears or the concessionary payment.

• (2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

• (a) paid in order to rectify, or to compensate for—

• (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; and

• (b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-based jobseeker’s allowance, for the remainder of that award if that is a longer period.

• (3) For the purposes of sub-paragraph (2), “the award of an income-based jobseeker’s allowance” means—

• (a) the award either of an income-based jobseeker’s allowance , income support or of an income-related employment and support allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

• (b) where that award is followed by one or more further awards which in each case may be either of an income-based jobseeker’s allowance , income support or of an income-related employment and support allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

• (i) is the person who received the relevant sum, or

• (ii) is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or

• (iii) in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.

13

Any sum—

• (a) paid to the claimant in consequence of damage to, or loss of, the home or any personal possession and intended for its repair or replacement; or

• (b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,

and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

14

Any sum—

• (a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 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.

15

Any personal possessions except those which have or had been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to a jobseeker’s allowance or to income support or to increase the amount of those benefits.

16

The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.

17

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.

18

The value of the right to receive any income under a life interest or from a liferent.

19

The value of the right to receive any income which is disregarded under paragraph 14 of Schedule 6 or paragraph 24 of Schedule 7 (earnings or other income payable in a country outside the United Kingdom).

20

The surrender value of any policy of life insurance.

21

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

22

• (1) Any payment made by a local authority in accordance with—

• (a) section 17, 23B, 23C or 24A of the Children Act 1989,

• (b) section 12 of the Social Work (Scotland) Act 1968, ...

• (c) section 26A, 29 or 30 of the Children (Scotland) Act 1995, or

• (d) the following sections of the Social Services and Well-being (Wales) Act 2014—

• (aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

• (bb) section 109, 110, 114 or 115.

• (2) Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) to a person (“A”) which A passes on to the claimant.

• (3) Sub-paragraphs (1) and (2) are subject to the following provisions.

• (4) Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).

• (5) Sub-paragraph (2) applies only where A—

• (a) was formerly in the claimant’s care, and

• (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and

• (c) continues to live with the claimant.

23

Any social fund payment made pursuant to Part VIII of the Benefits Act.

24

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.

25

Any capital which under regulation 104, 106(1) or 136 (capital treated as income, modifications in respect of children and young persons and treatment of student loans) is to be treated as income.

26

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

27

• (1) Any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund , the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the London Bombings Relief Charitable Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme (“the Trusts") or the Independent Living Fund (2006).

• (1A) Any Grenfell Tower payment , child abuse payment, Windrush payment , Post Office compensation payment , vaccine damage payment , LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of—

• (a) that person’s partner or former partner from whom he is not, or where that person had died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death;

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of

• (a) the person who is suffering from haemophilia or who is a qualifying person;

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, where—

• (a) that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and

• (b) the payment is made either–

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of payment is a child, a young person or a student who has not completed his full-time education, and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment, a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, 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 or with whom he had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of his family; and

• (b) the payment is made either–

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

• (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.

• (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.

• (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 or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment.

28

The value of the right to receive an occupational or personal pension.

29

The value of any funds held under a personal pension scheme.

30

The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

31

Any payment in kind which is a Grenfell Tower payment , a child abuse payment or a Windrush payment or is made by a charity or under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme or the Independent Living Fund (2006).

32

Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.

33

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

34

Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

35

Any payment in consequence of a reduction of ... council tax under section 13, 13A or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.

36

• (1) Any payment or repayment made—

• (a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

• (b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);

• (c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies),

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

• (2) Any payment or repayment made by the Secretary of State for Health and Social Care , 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.

37

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.

38

Any payment made either by the Secretary of State for Justice or by the Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.

39

Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.

40

Any payment (other than a training allowance... made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 ... to assist disabled persons to obtain or retain employment despite their disability.

41

Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 or under Part 4 of the Social Services and Well-being (Wales) Act 2014 to homeworkers assisted under the Blind Homeworkers Scheme.

42

• (1) Any sum of capital to which sub-paragraph (2) applies and—

• (a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

• (b) which can only be disposed of by order or direction of any such court; or

• (c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

• (2) This sub-paragraph applies to a sum of capital which is derived from—

• (a) an award of damages for a personal injury to that person; or

• (b) compensation for the death of one or both parents where the person concerned is under the age of 18.

43

Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under section 13 of the Children (Scotland) Act 1995, 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.

44

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

Signed

Signed for the purposes of Parts II, IV and V and regulation 170 of the Regulations on behalf of the Secretary of State for Education and Employment.

Eric Forth — Minister of State, — Department for Education and Employment — 1996-02-01

Signed for the purposes of the remainder of the Regulations on behalf of the Secretary of State for Social Security.

Roger Evans — Parliamentary Under-Secretary of State, — Department of Social Security — 1996-02-01

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1995 c. 18.

[^f00002]: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the deinitions of “employment”, “jobseeker’s period”, “pensionable age”, “pensionable payments”, “training” and “work” and because of the meaning assigned to the words “prescribed” and “regulations”.

[^f00003]: 1992 c. 5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed”.

[^f00004]: 1992 c. 4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^f00005]: See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5).

[^f00006]: S.I. 1983/686.

[^f00007]: S.I. 1987/1968.

[^f00008]: 1992 c. 37.

[^f00009]: Regulation 6 was amended by S.I. 1988/522, 1989/1686, 1990/725, 2208, 1991/2284, 2741, 1993/2113 and 1994/2319.

[^f00010]: 1992 c. 37.

[^f00011]: 1985 c. 69.

[^f00012]: S.I. 1987/1967.

[^f00013]: 1988 c. 1; the definition of “lower rate” was added by the Finance Act 1992 (c. 20), section 9(9).

[^f00014]: 1978 c. 44; section 33 was amended by the Social Security Act 1986 (c. 50), section 86, Schedule 10, Part IV, paragraph 75, Schedule 11; the Employment Act 1980 (c. 42), sections 11(1) and (2), 20(3, Schedule 2; the Nurses, Midwives and Health Visitors Act 1979 (c. 36), section 23(4), Schedule 7, paragraph 31. Sections 34 to 44 were repealed by the Social Security Act 1986, section 4een amended prospectively by the Social Security Act 1989 (c. 29(3), 86(2), Schedule 4, Part III, Schedule 11. Section 45 was amended by the Social Security Act 1989 (c. 24),t 1989 (c. 24),.24),Schedule 4, Part III, Scedule 11. Section 45 has been amended prospectively by the Social Security Act 1989 (c. 24), section 23, Schedule 5, Part II, paragraph 15; Schedule 5, paragraph 15 has been repealed prospectively by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 51, Schedule 10. Section 47 was amended by the Employment Act 1980 (c. 42), section 11(3). Part III of the 1978 Act was amended by the Trade Union Reform and Employment Rights Act 1993, sections 23 and 25, Schedules 2 and 3.

[^f00015]: S.I. 1983/883.

[^f00016]: S.I. 1983/686; amended by S.I. 1983/1164, 1540 and 1986/628.

[^f00017]: 1984 c. 23.

[^f00018]: 1938 c. 73; section 10 was amended by section 15 of the Mental Health (Scotland) Act 1960 (c. 61), and that amendment is preserved notwithstanding the repeal of the 1960 Act by section 126(1)(a) of the Mental Health (Scotland) Act 1984 (c. 36). Section 10 was also amended by Schedule 7 to the National Health Service (Scotland) Act1972 (c. 58). Schedules 7 and 8 to the Nurses, Midwives and Health Visitors Act 1979 (c. 36) and by Schedule 7 to the Health Services Act 1980 (c. 53) and subsection (2) of that section 10 was added by section 26 of, and paragraph 14 of Schedule 4 to, the Health Services Act 1980 (c. 53).

[^f00019]: 1984 c. 36.

[^f00020]: 1984 c. 36.

[^f00021]: 1991 c. 20

[^f00022]: 1968 c. 49.

[^f00023]: S.I. 1994/3044.

[^f00024]: 1973 c. 50.

[^f00025]: S.I. 1983/883.

[^f00026]: S.I. 1983/686.

[^f00027]: 1939 c. 83.

[^f00028]: 1939 c. 83.

[^f00029]: 1947 c. 19.

[^f00030]: 1969 c. 65.

[^f00031]: Cmnd. 4567.

[^f00032]: 1991 c. 56.

[^f00033]: 1992 c. 15.

[^f00034]: 1988 c. 1.

[^f00035]: 1947 c. 41, 1951 c. 27, and 1959 c. 44.

[^f00036]: 1978 c. 44; section 49 was amended by the Employment Act 1982, section 20 and paragraph 3 of schedule 2.

[^f00037]: Schedule 1B was inserted by regulation 3 of and Schedule 1 to the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.

[^f00038]: 1952 c. 52.

[^f00039]: 1989 c. 45

[^f00040]: S.I. 1979/591, amended by S.I. 1980/1975, 1994/1553.

[^f00041]: 1973 c. 35.

[^f00042]: 1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c. 19).

[^f00043]: 1990 c. 35; section 2(3) was amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47(4)(a) and Schedule 10.

[^f00044]: 1988 c. 50.

[^f00045]: 1980 c. 65.

[^f00046]: 1993 c. 28.

[^f00047]: S.I. 1975/556; relevant amending instruments are S.I. 1976/1736; 1977/788; 1978/409;1981/1501; 1982/96; 1983/197; 1987/414; 1987/687; 1988/516;1988/1545;1989/1627; 1992/726;1994/1837 and 1995/829.

[^f00048]: S.I. 1995/1801.

[^f00049]: S.I. 1987/214.

[^f00050]: Part XIIA was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 5.

[^f00051]: )Section 30C was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 3.

[^f00052]: S.I. 1991/1559.

[^f00053]: 1947 c. 41, 1951 c. 27, 1959 c. 44.

[^f00054]: S.I. 1979/591; Part I of Schedule 1 substituted by S.I. 1980/1975.

[^f00055]: Section 171F was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 6(1).

[^f00056]: 1973 c. 50; section 10 was inserted by section 45 of the Trade Union Reform and Employment Rights Act 1993, 1993 c. 19.

[^f00057]: S.I. 1976/965 as amended by S.I. 1977/534.

[^f00058]: S.I. 1976/965.

[^f00059]: 1952 c. 52.

[^f00060]: 1975 c. 21

[^f00061]: 1989 c. 41.

[^f00062]: S.I. 1987/1967; Schedule 1B is inserted by Regulation 3 of and Schedule 1 to the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.

[^f00063]: 1989 c. 41.

[^f00064]: 1952 c. 52.

[^f00065]: 1975 c. 21.

[^f00066]: See regulation 4ZA of the Income Support (General) Regulations, inserted by Regulation 3 of the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.

[^f00067]: 1978 c. 44.

[^f00068]: 1973 c. 50.

[^f00069]: 1988 c. 19.

[^f00070]: 1977 c. 49; section 4 was amended by section 148, Schedule 4, paragraph 47 of the Mental Health Act 1983 (c. 20).

[^f00071]: 1984 c. 36.

[^f00072]: 1989 c. 41.

[^f00073]: S.I. 1983/1964.

[^f00074]: S.I. 1984/988.

[^f00075]: 1955 c. 18. The provisions relating to reception orders were repealed as from 1st January 1992 by the Armed Forces Act 1991 (c. 61) but with savings (articles 2 and 3(1) of S.I. 1991/2719).

[^f00076]: 1968 c. 49.

[^f00077]: 1973 c. 18.

[^f00078]: 1978 c. 28.

[^f00079]: 1986 c. 55.

[^f00080]: 1989 c. 41.

[^f00081]: 1955 c. 19.

[^f00082]: 1957 c. 53.

[^f00083]: 1958 c. 5.

[^f00084]: 1958 c. 40.

[^f00085]: 1958 c. 65.

[^f00086]: 1969 c. 46.

[^f00087]: 1969 c. 54.

[^f00088]: 1973 c. 29.

[^f00089]: 1975 c. 72.

[^f00090]: 1978 c. 22.

[^f00091]: 1980 c. 5.

[^f00092]: 1980 c. 6.

[^f00093]: 1971 c. 77, as amended by the British Nationality Act 1981 (c. 61), Section 39 and Schedule 4.

[^f00094]: type=start time=1188393782337Cmn. 9512.type=end time=1188393782337

[^f00095]: type=start time=1188393786603Cmd. 9171.type=end time=1188393786603

[^f00096]: Cmnd. 3906

[^f00097]: For a description of “exceptional leave”, see Home Office evidence to the House of Commons Home Affairs Committee, Sub-committee on Race Relations and Immigration (SCORRI) 1984-85 Session; 17th December 1984; paragraphs 44 to 47.

[^f00098]: S.I. 1975/555; the relevant amending instrument is S.I. 1992/2595.

[^f00099]: 1952 c. 52.

[^f00100]: 1989 c. 45.

[^f00101]: 1983 c. 72.

[^f00102]: 1984 c. 36.

[^f00103]: 1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1972 (c. 32), Schedule 4 paragraph 44 and the Housing (Homeless Persons) Act 1977 (c. 48). Schedule; the National Health Service Act 1977 (c. 49), Schedule 15 paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1 Part 1 paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9 Part 1; the Supplementary Benefits Act 1976 (c. 71) Schedule 7 paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedules; the Social Security Act 1980 (c. 30), section 20, Schedule 4 paragraph 2(1) and Schedule 5 Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a), section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the National Health Service Reorganisation Act 1972 (c. 32), Schedule 4 paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48). Schedule.

[^f00104]: 1968 c. 49; section 13B was inserted by the National Health Service and Community Care Act 1990, section 56; section 59 is amended by the same Act of 1990, Schedule 9, paragraph 10(7).

[^f00105]: 1984 c. 36.

[^f00106]: The relevant amending instruments are S.I. 1993/518, 2119, 1994/2139 and 1995/516.

[^f00107]: 1984 c. 23.

[^f00108]: S.I. 1987/1969; the relevant amending instruments are S.I. 1988/521 and 1989/1626.

[^f00109]: The relevant amending instruments are S.I. 1988/1445 and 1989/534.

[^f00110]: The relevant amending instrument is S.I. 1988/910.

[^f00111]: S.I. 1993/1679.

[^f00112]: S.I. 1995/516.

[^f00113]: S.I.1987/1967; regulation 3A was inserted by S.I. 1989/1678.

[^f00114]: 1992 c. 52. Section 188 was amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 (S.I. 1995/2587).

[^f00115]: 1978 c. 44.

[^f00116]: 1978 c. 44. Section 47 was substituted by the Trade Union Reform and Employment Rights Act 1993 (c. 19) (the 1993 Act), Schedule 3; section 68(2) was amended by the Employment Act 1982 (c. 46) (the 1982 Act), Schedule 3 Part II paragraph 21; section 71(2)(a) was amended by the 1982 Act, Schedule 3 Part II paragraph 22; sections 77 and 79 were inserted by paragraph 5 of Schedule 10 to the 1993 Act.

[^f00117]: 1992 c. 52.

[^f00118]: 1988 c. 1; sections 257 to 257F were substituted for section 257 by section 33 of the Finance Act 1988 (c. 39); section 259 was amended by sections 30 and 35 of the Finance Act 1988, section 20 of the Finance (No.2) Act 1992 (c. 48), and section 77 and Schedule 8, paragraph 6 of the Finance Act 1994 (c. 9).

[^f00119]: Copies of the rules relating to the earnings top-up scheme are available from the Department of Social Security, B2D, 9th Floor, The Adelphi, Adam Street, London WC2N 6HT.

[^f00120]: 1990 c. 6.

[^f00121]: S.I. 1990/1506 (N.I. 11).

[^f00122]: 1989 c. 41.

[^f00123]: 1968 c. 49.

[^f00124]: S.I. 1976/1267; relevant amending instruments are S.I. 1980/110 and 1993/965.

[^f00125]: 1988 c. 1.

[^f00126]: S.I. 1987/1968; paragraph (5) was added by S.I.1995/2303.

[^f00127]: 1988 c. 1; sections 257 to 257F were substituted for section 257 by section 33 of the Finance Act 1988 (c. 39); section 259 was amended by sections 30 and 35 of the Finance Act 1988, section 20 of the Finance (No.2) Act 1992 (c. 48), and section 77 and Schedule 8, paragraph 6 of the Finance Act 1994 (c. 9).

[^f00128]: 1993 c. 48.

[^f00129]: 1944 c. 31; section 8 was amended by the Education Act 1980 (c. 20), section 38(6) and Schedule 7; the Further and Higher Education Act 1992 (c. 13), sections 12(1) and 93 and Schedule 8; and the Education Act 1993 (c. 35), section 307 and Schedules 19 and 21.

[^f00130]: 1980 c. 44; section 50 was amended by the Education (Scotland) Act 1981 (c. 58), section 2.

[^f00131]: 1952 c. 52; section 30 was substituted by section 66(3) of the Criminal Justice Act 1967 (c. 80).

[^f00132]: 1989 c. 45.

[^f00133]: 1989 c. 41.

[^f00134]: 1975 c. 72.

[^f00135]: S.I. 1987/1971.

[^f00136]: S.I. 1992/1814.

[^f00137]: 1992 c. 5; section 74A was inserted by the Child Support Act 1995 (c. 34).

[^f00138]: 1991 c. 48.

[^f00139]: 1992 c. 5; section 74A was inserted by the Child Support Act 1995 (c. 34).

[^f00140]: S.I. 1992/1989; relevant amending instrument is S.I. 1995/1045.

[^f00141]: S.I. 1991/1522.

[^f00142]: S.I. 1995/1739.

[^f00143]: 1944 c. 31, as amended by S.I. 1974/595 and 1977/293.

[^f00144]: 1973 c. 65.

[^f00145]: S.I. 1986/594 (N.I. 3).

[^f00146]: 1965 c. 4.

[^f00147]: 1992 c. 13.

[^f00148]: 1980 c. 44.

[^f00149]: S.I. 1995/3321.

[^f00150]: 1990 c. 6.

[^f00151]: S.I. 1990/1506 (N.I. 11).

[^f00152]: 1982 c. 24; Part II was repealed by the Social Security Act 1986 (c. 50), section 86, Schedule 11.

[^f00153]: 1995 c. 21.

[^f00154]: S.I. 1975/529.

[^f00155]: S.I. 1979/591.

[^f00156]: S.I. 1975/563; relevant amending instrument is S.I. 1982/1738.

[^f00157]: 1995 c. 18.

[^f00158]: S.I. 1975/529.

[^f00159]: 1995 c. 18.

[^f00160]: S.I. 1979/97.

[^f00161]: S.I. 1979/591; relevant amending instrument is S.I. 1986/485.

[^f00162]: S.I. 1975/493.

[^f00163]: 1995 c. 18.

[^f00164]: 1980 c. 43.

[^f00165]: 1984 c. 23.

[^f00166]: 1991 c. 20.

[^f00167]: 1968 c. 49; section 61 was amended by the Criminal Procedure (Scotland) Act 1975 (c. 21) sections 289C and 289G and Schedule 7C.

[^f00168]: 1988 c. 43.

[^f00169]: 1938 c. 73.

[^f00170]: S.I. 1979/597.

[^f00171]: 1973 c. 50, as amended by sections 9 and 11 and Schedule 2, Part II paragraph 9 and Schedule 3 to the Employment and Training Act 1981 (c. 57).

[^f00172]: Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18) section 2(1).

[^f00173]: 1977 c. 49.

[^f00174]: 1978 c. 29.

[^f00175]: S.I. 1972/1265 (N.I. 14).

[^f00176]: Section 30A was inserted by the Social Security (Incapacity for Work)and) Act 1994 section 1(1).

[^f00177]: 1948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

[^f00178]: S.I. 1991/2334.

[^f00179]: S.I. 1979/597.

[^f00180]: Paragraph 9A was inserted by S.I. 1989/534.

[^f00181]: Section 171E was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 6(1).

[^f00182]: 1993 c. 47.

[^f00183]: 1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4 paragraph 44 and Schedule 5; the Hhe Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15 paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1 Part I paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (cc.49), section 87(4) and Schedule 9 Part I; the Supplementary Benefits Act 1976 (c. 71) Schedule 7 paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4 paragraph 2(1) and Schedule 5 Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the National Health Service Reorganisation Act 1972 (c. 32), Schedule 4 paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9 Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b), and the Community Care (Residential Accommodation) Act 1992 (c. 49).

[^f00184]: 1968 c. 49; section 13B was inserted by section 56 of the National Health Service and Community Care Act 1990 (c. 19).

[^f00185]: Paragraph 5A of Schedule 3 was inserted by S.I. 1994/1004 and is revoked by regulation 3 of and Schedule 4 to S.I. 1995/1613.

[^f00186]: 1967 c. 9; sections 48(5) and (6) were amended by the Local Government, Planning. and Land Act 1980 (c. 65), section 33; section 48(6) was also amended by the Rates Act 1984 (c. 33), section 16 and Schedule 1, paragraph 10.

[^f00187]: 1980 c. 45.

[^f00188]: 1987 c. 47.

[^f00189]: 1988 c. 41.

[^f00190]: 1988 c. 1.

[^f00191]: 1991 c. 48.