The Housing Renewal Grants Regulations 1996

• (c) one-half of any sum payable by the relevant person by way of a contribution towards an occupational or personal pension scheme.

• (14) In paragraph (9)—

• (a) the expression “ordinary clothing or footwear” means clothing or footwear for normally daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities; and

• (b) “rent” means eligible rent within the meaning of regulation 10(3) of the Housing Benefit (General) Regulations 1987[^f00066] (rent), less any deductions in respect of non-dependants which fall to be made under regulation 63[^f00067] (non-dependant deductions) of those Regulations.

Modifications in respect of children and young persons

32

• (1) Where the income of a child or young person, except income consisting of any payment of maintenance, whether under a court order or not, determined in accordance with Chapters IV to VIII of this Part exceeds the amount included under Schedule 1 in the determination of the relevant person’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any, the excess shall not be treated as income of the relevant person.

• (2) Where the capital of a child or young person, if determined in accordance with Chapter IX of this Part in like manner as for the relevant person (except as provided in paragraph (5)) would exceed £5,000, any income of that child or young person, except income consisting of any payment of maintenance whether under a court order or not, shall not be treated as income of the relevant person.

• (3) In determining the net earnings or net profit of a child or young person there shall be disregarded (in addition to any sum which falls to be disregarded under paragraphs 13 and 14) any sum specified in paragraphs 15 and 16 of Schedule 2.

• (4) Any income of a child or young person which is to be disregarded under Schedule 3 shall be disregarded in such manner as to produce the result most favourable to the relevant person.

• (5) There shall be treated as income any capital of a child or young person payable to him by instalments, one or more of which is outstanding at the date of the application, where the instalment or aggregate of all the instalments outstanding at that date, taken together with the amount of that child’s or young person’s other capital calculated in accordance with Chapter IX of this Part in like manner as for the relevant person, would exceed £5,000.

CHAPTER IX: CAPITAL

Determination of capital

33

• (1) The capital of a relevant person to be taken into account shall, subject to paragraph (2), be the whole of his capital determined in accordance with this Part and any income treated as capital under regulation 35 (income treated as capital).

• (2) There shall be disregarded from the determination of a relevant person’s capital under paragraph (1) any capital, where applicable, specified in Schedule 4.

Disregard of capital of child or young person

34

The capital of a child or young person who is a member of the relevant person’s family shall not be treated as capital of the relevant person.

Income treated as capital

35

• (1) Any bounty derived from employment to which paragraph 8 of Schedule 2 applies and paid at intervals of at least one year shall be treated as capital.

• (2) Any amount by way of a refund of income tax deducted from profits of emoluments chargeable to income tax under Schedule D or E shall be treated as capital.

• (3) Any holiday pay which is not earnings under regulation 24(1)(d) (earnings of employed earners) shall be treated as capital.

• (4) Except any income derived from capital disregarded under paragraphs 1, 2, 3, 5, 8, 14, 25 or 26 of Schedule 4, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the relevant person’s account.

• (5) In the case of employment as an employed earner, any advance of earnings or any loan made by the relevant person’s employer shall be treated as capital except insofar as the advance or loan is spent; and thereupon the advance or loan, so far as it is spent, shall not be treated as income.

• (6) Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a payment which is made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund, shall be treated as capital.

Determination of capital in the United Kingdom

36

Capital which a relevant person possesses in the United Kingdom shall be determined—

• (a) except in a case to which sub-paragraph (b) applies, at its current market or surrender value less—

• (i) where there would be expenses attributable to sale, 10 per cent., and

• (ii) the amount of any incumbrance secured on it;

• (b) in the case of a National Savings Certificate—

• (i) if purchased from an issue the sale of which ceased before 1st July last preceding the date of the application, at the price which it would have realised on that 1st July had it been purchased on the last day of that issue;

• (ii) in any other case, at its purchase price.

Determination of capital outside the United Kingdom

37

Capital which a relevant person possesses in a country outside the United Kingdom shall be determined—

• (a) in a case where there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;

• (b) in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer; less, where there would be expenses attributable to sale, 10 per cent. and the amount of any incumbrance secured on it.

Notional capital

38

• (1) A relevant person shall be treated as possessing capital of which he has deprived himself for the purpose of increasing the amount of grant.

• (2) Except in the case of—

• (a) a discretionary trust; or

• (b) a trust derived from a payment made in consequence of a personal injury; or

• (c) any loan which would be obtained only if secured against capital disregarded under Schedule 4; or

• (d) a personal pension scheme or retirement annuity contract,

any capital which would have become available to the relevant person upon application for that income being made, but which has not been acquired by him, shall be treated as possessed by him but only from the date on which it could be expected to have been acquired had an application been made.

• (3) Any payment of capital, other than a payment of capital made under any of the McFarlane Trusts, the Independent Living Funds or the Fund—

• (a) if made to a third party in respect of a single relevant person or in respect of a member of the family (but not a member of the third party’s family) shall be treated as possessed by that single person or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel or rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable;

• (b) if made to a single relevant person or a member of the family in respect of a third party (but not in respect of another member of that family), shall be treated as possessed by that single person or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.

• (4) Where a relevant person stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he may be treated as if he were such sole owner or partner and in such a case—

• (a) the value of his holding in that company shall, notwithstanding regulation 33 (determination of capital) be disregarded; and

• (b) he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the preceding provisions of this Chapter shall apply for the purposes of determining that amount as if it were actual capital which he does possess.

• (5) For so long as the relevant person undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.

• (6) Where a relevant person is treated as possessing capital under any of paragraphs (1) to (3) the preceding provisions of this Chapter shall apply for the purposes of determining its amount as if it were actual capital which he does possess.

• (7) In paragraph (3)—

• (a) 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; and

• (b) “rent” means eligible rent within the meaning of regulation 10(3)[^f00068] (rent) of the Housing Benefit (General) Regulations 1987, less any deductions in respect of non-dependants which fall to be made under regulation 63[^f00069] (non-dependant deductions) of those Regulations.

Capital jointly held

39

Except where a relevant person possesses capital which is disregarded under regulation 38(4) (notional capital), where a relevant person and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though—

• (a) that interest is solely owned by the relevant person; and

• (b) in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,

Determination of tariff income from capital

40

• (1) Where the relevant person’s capital determined in accordance with this Chapter and Chapters IV to VIII exceeds £5,000 it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £5,000.

• (2) Notwithstanding paragraph (1), where any part of the excess is not a complete £250, that part shall be treated as equivalent to a weekly tariff income of £1.

• (3) For the purposes of paragraph (1), capital includes any income treated as capital under regulation 35 (income treated as capital).

CHAPTER X: STUDENTS

Interpretation

41

In this part, unless the context otherwise requires—

• “college of further education” means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992[^f00070];

• “contribution” means any contribution (including one which is not paid) in respect of the income of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant; or any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Further and Higher Education (Scotland) Act 1992, the Secretary of State or the education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;

• “course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it and for the purposes of this definition a person who has started a course of study shall be treated as attending or undertaking it, as the case may be, until the last day of the course or such earlier date as he abandons it or is dismissed from it;

• “education authority” means a government department, a local education authority as defined in section 114(1) of the Education Act 1944[^f00071] (interpretation), a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973[^f00072], an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986[^f00073], any body which is a research council for the purposes of the Science and Technology Act 1965[^f00074] or any analogous government department, authority, board or body of the Channel Islands, Isle of Man or any other country outside Great Britain;

• “the FEFC” means the Further Education Funding Council for England or the Further Education Funding Council for Wales;

• “full-time student” means a person attending or undertaking a full-time course of study and includes a student on a sandwich course;

• “full-time course of study” means a full-time course of study which— is not funded in whole or in part by the FEFC or a full-time course of study (not being higher education) which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education; is funded in whole or in part by the FEFC and involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or is not higher education and is funded in whole or in part by the Secretary of State for Scotland at a college of further education and involves— more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or 16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 hours per week, according to the number of hours set out in a document signed on behalf of the college;

• “grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944[^f00075], section 65 of the Further and Higher Education Act 1992[^f00076], section 73 of the Education (Scotland) Act 1980[^f00077] or section 40 of the Further and Higher Education (Scotland) Act 1992[^f00078];

• “grant income” means— any income by way of a grant; any contribution whether or not it is paid;

• “higher education” means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;

• “last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;

• “sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1995[^f00079];

• “student” means a person, other than a person in receipt of a training allowance, who is attending a course of study at an educational establishment; and a person who has started on such a course shall be treated as attending it, until the last day of the course or such earlier date as he abandons it or is dismissed from it;

• “year” in relation to a course means the period of 12 months beginning on 1st January, 1st April or 1st September according to whether the academic year of the course in question begins in the spring, the summer or the autumn respectively.

Treatment of students

42

These Regulations shall have effect in relation to students subject to the following provisions of this Chapter.

Determination of grant income

43

• (1) The amount of a student’s grant income to be taken into account shall, subject to paragraphs (2) and (3), be the whole of his grant income.

• (2) There shall be excluded from a student’s grant income any payment—

• (a) intended to meet tuition fees or examination fees;

• (b) in respect of the student’s disability;

• (c) intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;

• (d) on account of the student maintaining a home at a place other than that at which he resides during his course;

• (e) on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;

• (f) intended to meet the cost of books and equipment or, in the case of a full-time student, if not so intended an amount equal to £280 towards such costs;

• (g) intended to meet travel expenses incurred as a result of his attendance on the course.

• (3) Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(1)(b) of the Education (Mandatory Awards) Regulations 1995 or a corresponding provision governing the award in question (payments)[^f00080] there shall be excluded from his grant income a sum equal to such amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) as falls to be disregarded in his case.

Relationship with amounts to be disregarded under Schedule 3

44

No part of a student’s grant income shall be disregarded under paragraph 12 of Schedule 3 (sums to be disregarded in the determination of income other than earnings).

Other amounts to be disregarded

45

For the purposes of ascertaining income other than grant income and loans treated as income in accordance with regulation 46 (treatment of student loans), any amounts intended for any expenditure specified in regulation 43(2) (determination of grant income), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 43(2) or (3) on like expenditure.

Treatment of student loans

46

• (1) A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990[^f00081] or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990[^f00082] shall be treated as income.

• (2) In calculating the weekly amount of the loan to be taken into account as income, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable, and from the weekly amount so apportioned there shall be disregarded £10.

• (3) For the purposes of this regulation a student shall be treated as possessing the maximum amount of any loan referred to in paragraph (1) which he will be able to acquire in respect of an academic year by taking reasonable steps to do so.

Disregard of contribution

47

Where the relevant person or his partner is a student and the income of one is taken into account for the purposes of assessing the amount of the student’s grant, an amount equal to the contribution (whether or not the contribution is paid) shall be disregarded in determining the income of the other.

CHAPTER XI: MISCELLANEOUS

Application of Regulations

48

These Regulations shall not have effect in relation to applications for grant made before these Regulations came into force.

SCHEDULE 1 — APPLICABLE AMOUNTS

PART I — PERSONAL ALLOWANCES

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 14(a) and 15(a) and (b)—

	(1)		(2)
	Person or couple		Amount
(1)	Single person aged—	(1)
	(a) less than 25		(a) £37.90;
	(b) not less than 25		(b) £47.90.
(2)	Lone parent aged—	(2)
	(a) less than 18		(a) £37.90;
	(b) not less than 18		(b) £47.90.
(3)	Couple—	(3)
	(a) where both members are aged less than 18		(a) £57.20;
	(b) where at least one member is aged not less than 18		(b) £75.20.

2

The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 14(b) and 15(c)—

	(1)		(2)
	Child or Young Person		Amount
	Person aged—
	(a) less than 11		(a) £16.45;
	(b) not less than 11 but less than 16		(b) £24.10;
	(c) not less than 16 but less than 18		(c) £28.85;
	(d) not less than 18		(d) £37.90.

PART II — FAMILY PREMIUM

3

The amount for the purposes of regulations 14(c) and 15(d) in respect of a family of which at least one member is a child or young person shall be £10.55.

PART III — PREMIUMS

4

Except as provided in paragraph 5, the premiums specified in Part IV of this Schedule shall for the purposes of regulations 14(d) and 15(e) be applicable to a relevant person who satisfies the condition specified in paragraphs 7 to 15 in respect of that premium.

5

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

6

• (1) The severe disability premium to which paragraph 13 applies may be applicable in addition to any other premium which may apply under this Schedule.

• (2) The disabled child premium and the carer premium to which paragraphs 14 and 15 respectively apply may be applicable in addition to any other premium which may apply under this Schedule.

Lone parent premium

7

The condition is that the relevant person is a lone parent.

Pensioner premium for persons under 75

8

The condition is that the relevant person—

• (a) is a single person or lone parent aged not less than 60 but less than 75; or

• (b) has a partner and is, or his partner is, aged not less than 60 but less than 75.

Pensioner premium for persons 75 and over

9

The condition is that the relevant person—

• (a) is a single person or lone parent aged not less than 75 but less than 80; or

• (b) has a partner and is, or his partner is, aged not less than 75 but less than 80.

Higher pensionser premium

10

• (1) Where the relevant person is a single person or a lone parent, the condition is that—

• (a) he is aged not less than 80; or

• (b) he is aged less than 80 but not less than 60, and the additional condition specified in paragraph 12(1)(a) is satisfied.

• (2) Where the relevant person has a partner, the condition is that—

• (a) he or his partner is aged not less than 80; or

• (b) he or his partner is aged less than 80 but not less than 60 and the additional condition specified in paragraph 12(1)(a) is satisfied.

Disability premium

11

The condition is that—

• (a) where the relevant person is a single person or a lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or

• (b) where the relevant person has a partner, either—

• (i) the relevant person is aged less than 60 and the additional condition specified in paragraph 12(1)(a) or (b) is satisfied by him, or

• (ii) his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) is satisfied by his partner.

Additional condition for the higher pensioner and disability premiums

12

• (1) Subject to sub-paragraph (2) and paragraphs 15 and 16, the additional condition referred to in paragraphs 10 and 11 is that either—

• (a) the relevant person or, as the case may be, his partner—

• (i) is in receipt of one or more of the following benefits: attendance allowance, disability living allowance, disability working allowance, mobility supplement, long-term incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act but in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him, or

• (ii) was in receipt of long-term incapacity benefit under Part II of the 1992 Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and, if the long-term incapacity benefit was payable to his partner, the partner is still a member of the family, or

• (iii) was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the 1992 Act or otherwise abated as a consequence of the relevant person or his partner being a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(2) of the Social Security (Hospital In-Patients) Regulations 1975[^f00083], or

• (iv) is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977[^f00084] (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978[^f00085] (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46, or

• (v) is blind and in consequence registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948[^f00086] (welfare services) or, in Scotland, has been certified as blind and in consequence is registered in a register maintained by or on behalf of a regional or islands council; or

• (b) the relevant person—

• (i) is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act[^f00087] (incapacity for work), and

• (ii) has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

• (aa) in the case of a relevant person who is terminally ill within the meaning of section 30B(4) of the 1992 Act[^f00088], 196 days; and

• (bb) in any other case, 364 days.

• (2) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

• (3) For the purposes of sub-paragraph (1)(b), once the higher pensioner premium or the disability premium is applicable to a person by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable for work or to be incapable of work he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

• (4) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a person by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973[^f00089] or section 2 of the Enterprise and New Towns (Scotland) Act 1990[^f00090] or for any period during which he is in receipt of a training allowance.

• (5) For the purposes of sub-paragraph (1)(b), where two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.

• (6) For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the 1992 Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

Severe disability premium

13

• (1) Subject to paragraphs 16 and 17, the condition is that the relevant person is a severely disabled person.

• (2) For the purposes of sub-paragraph (1), a relevant person shall be treated as a severely disabled person if, and only if—

• (a) in the case of a single person, a lone parent or a relevant person who is treated as having no partner in consequence of sub-paragraph (3)—

• (i) he is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act, and

• (iii) subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and

• (iii) an invalid care allowance under section 70 of the 1992 Act is not in payment to anyone in respect of caring for him;

• (b) in the case of a relevant person who has a partner—

• (i) the relevant person is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act, and

• (ii) his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance, and

• (iii) subject to sub-paragraph (4), the relevant person has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and either an invalid care allowance is payable to someone in respect of caring for only one of a couple or, in the case of a polygamous marriage for one or more but not all the partners of the marriage, or else such an allowance is not in payment to anyone in respect of caring for either member of a couple or any partner of a polygamous marriage.

• (3) Where a relevant person has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the relevant person.

• (4) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—

• (a) attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

• (b) invalid care allowance if he would, but for the person for whom he was caring being a patient for a period exceeding 28 days, be so in receipt.

• (5) For the purposes of sub-paragraphs (2)(a)(ii) and (2)(b)(iii) no account shall be taken of either—

• (a) a person receiving attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act; or

• (b) a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(v) and (2).

• (6) For the purposes of sub-paragraph (2)(a)(iii) and (b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.

Disabled child premium

14

• (1) Subject to paragraphs 16 and 17, the condition is that a child or young person for whom the relevant person or a partner of his is responsible and who is a member of the relevant person’s household—

• (a) has no capital or capital which, if determined in accordance with Chapter IX of Part II (capital) in like manner as for the relevant person except as provided in regulation 32(5) (modifications in respect of children and young persons), would not exceed £5,000; and

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

• (c) is blind or treated as blind within the meaning of paragraph 12.

• (2) In paragraph (1), “patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975[^f00091].

Carer premium

15

• (1) The condition is that the relevant person or his partner is, or both of them are, in receipt of invalid care allowance under section 70 of the 1992 Act.

• (2) If a relevant person or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979[^f00092], where—

• (a) the claim for that allowance was made on or after 1st May 1991, and

• (b) the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act, he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.

• (3) Where the relevant person or his partner ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition mentioned in sub-paragraph (1) shall be treated as satisfied for a period of eight weeks from the date on which he or his partner, as the case may be, was last in receipt of, or was last treated as being in receipt of, invalid care allowance.

Persons in receipt of concessionary payments

16

For the purposes of determining whether a premium is applicable to a person under paragraphs 12 to 15, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Persons in receipt of benefit

17

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

PART IV — AMOUNTS OF PREMIUMS SPECIFIED IN PART III

	Premium	Amount
18.—	(1) Lone parent premium	1. £11.50
	(2) Pensioner premium for persons aged under 75—
	(a) where the relevant person satisfies the condition in paragraph 8(a);	2. (a) £19.15
	(b) where the relevant person satisfies the condition in paragraph 8(b).	(b) £28.90
	(3) Pensioner premium for persons aged 75 and over—
	(a) where the relevant person satisfies the condition in paragraph 9(a);	3. (a) £21.30
	(b) where the relevant person satisfies the condition in paragraph 9(b).	(b) £31.90
	(4) Higher pensioner premium—
	(a) where the relevant person satisfies the condition in paragraph 10(1)(a) or (b);	4. (a) £25.90
	(b) where the relevant person satisfies the condition in paragraph 10(2)(a) or (b).	(b) £37.05
	(5) Disability premium—
	(a) where the relevant person satisfies the condition in paragraph 11(a);	5. (a) £20.40
	(b) where the relevant person satisfies the condition in paragraph 11(b).	(b) £29.15
	(6) Severe disability premium—
	(a) where the relevant person satisfies the condition in paragraph 13(2)(a);	6. (a) £36.40
	(b) where the relevant person satisfies the condition in paragraph 13(2)(b)—
	(i) in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(4);	(b)(i) £36.40
	(ii) in a case where there is no-one in receipt of such an allowance.	(ii) £72.80
	(7) Disabled child premium.	7. £20.40 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.
	(8) Carer premium.	8. £13.00 in respect of each person who satisfies the condition specified in paragraph 15.

SCHEDULE 2 — SUMS TO BE DISREGARDED IN THE DETERMINATION OF EARNINGS

1

In the case of a relevant person who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

• (a) where—

• (i) the employment has been terminated because of retirement, and

• (ii) on retirement he is entitled to a retirement pension under the 1992 Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

• (b) where before the date of the application the employment has been terminated otherwise than because of retirement, any earnings in respect of that employment except earnings to which regulation 24(1)(b) to (e), (g) and (h) (earnings of employed earners) applies;

• (c) where at the date of claim—

• (i) the employment has not been terminated, but

• (ii) the relevant person is not engaged in remunerative work,

any earnings in respect of that employment except earnings to which regulation 24(1)(d), (e), (i) and (j) applies.

2

In the case of a relevant person who, before the date of application—

• (a) has been engaged in part-time employment as an employed earner or, where the employment was outside Great Britain, would have been so engaged had the employment been in Great Britain, and

• (b) has ceased to be engaged in that employment, whether or not that employment has been terminated,

3

• (1) In a case to which this paragraph applies, and paragraph 4 does not apply, £15; but notwithstanding regulation 17 (determination of income and capital of members of a relevant person’s family and of a polygamous marriage) if this paragraph applies to a relevant person it shall not apply to his partner except where, and to the extent that, the earnings of the relevant person which are to be disregarded under this paragraph are less than £15.

• (2) This paragraph applies where the relevant person’s applicable amount includes an amount by way of the disability premium or severe disability premium under Schedule 1 (applicable amounts).

• (3) This paragraph applies where—

• (a) the relevant person is a member of a couple and his applicable amount would, but for the higher pensioner premium under Schedule 1 being applicable, include an amount by way of the disability premium under that Schedule; and

• (b) he or his partner is under the age of 60 and at least one is engaged in employment.

• (4) This paragraph applies where—

• (a) the relevant person’s applicable amount includes an amount by way of the higher pensioner premium under Schedule 1; and

• (b) the relevant person or, if he is a member of a couple, either he or his partner has attained the age of 60; and

• (c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in employment and the relevant person would have been entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15; and

• (d) he or, if he is a member of a couple, he or his partner has continued in employment.

• (5) This paragraph applies where—

• (a) the relevant person is a member of a couple and his applicable amount would include an amount by way of the disability premium under Schedule 1, but for—

• (i) the pensioner premium for persons aged 75 and over under that Schedule being applicable, or

• (ii) the higher pensioner premium under that Schedule being applicable; and

• (b) he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in employment.

• (6) This paragraph applies where—

• (a) the relevant person is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

• (b) immediately before the younger member attained that age either member was engaged in employment and the relevant person would have been entitled by virtue of sub-paragraph (5) to a disregard of £15; and

• (c) either he or his partner has continued in employment.

• (7) For the purposes of this paragraph, no account shall be taken of any period not exceeding eight consecutive weeks occuring on or after the date on which the relevant person or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in employment.

4

If an amount by way of a lone parent premium under Schedule 1 is or, but for any pensioner premium, higher pensioner premium or disability premium being applicable to him, would be included in the determination of the relevant person’s applicable amount, £25.

5

• (1) In a case where neither paragraph 3 nor 4 applies to the relevant person, and subject to sub-paragraph (2), where the relevant person’s applicable amount includes an amount by way of carer premium under Schedule 1, £15 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 15(2) of that Schedule as being in receipt of invalid care allowance.

• (2) Where the carer premium is awarded in respect of the relevant person and of any partner of his, their earnings shall for the purpose of this paragraph be aggregated, but the amount of earnings to be disregarded in accordance with sub-paragraph (1) shall not exceed £15 of the aggregated amount.

6

Where the carer premium is awarded in respect of a relevant person who is a member of a couple and whose earnings are less than £15, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

• (a) specified in paragraph 8(1), so much of the other member’s earnings as would not, when aggregated with the amount disregarded under paragraph 5, exceed £15;

• (b) other than an employment specified in paragraph 8(1), so much of the other member’s earnings from such other employment up to £10 as would not, when aggregated with the amount disregarded under paragraph 5, exceed £15.

7

In a case where paragraphs 3, 5, 6 and 8 do not apply to the relevant person and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 17 (determination of income and capital of members of relevant person’s family and of a polygamous marriage), if this paragraph applies to a relevant person it shall not apply to his partner except where, and to the extent that, the earnings of the relevant person which are to be disregarded under this paragraph are less than £10.

8

• (1) In a case to which none of paragraphs 3, 4, 5 or 6 applies to the relevant person, £15 of earnings derived from one or more employments as—

• (a) a part-time fireman in a fire-brigade maintained in pursuance of the Fire Services Acts 1947 to 1959[^f00093];

• (b) an auxiliary coastguard in respect of coast rescue activites;

• (c) a person engaged part-time in the manning or launching of a life-boat;

• (d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00094];

but, notwithstanding regulation 17 (determination of income and capital of members of relevant person’s family and of a polygamous marriage), if this paragraph applies to a relevant person it shall not apply to his partner except to the extent specified in sub-paragraph (2).

• (2) If the relevant person’s partner is engaged in an employment—

• (a) specified in sub-paragraph (1), so much of his earnings as would not, when aggregated with the amount of the relevant person’s earnings disregarded under this paragraph, exceed £15;

• (b) other than one specified in sub-paragraph (1), so much of his earnings from the employment up to £10 as would not, when aggregated with the applicant’s earnings disregarded under this paragraph, exceed £15.

9

Where the relevant person is engaged in one or more employments specified in paragraph 8(1), but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other employment, so much of his earnings from that other employment, up to £5 if he is a single person, or up to £10 if he has a partner, as would not, when aggregated with the amount of his earnings disregarded under paragraph 6, exceed £15.

10

In a case to which none of paragraphs 3 to 9 applies, £5.

11

Any amount or the balance of any amount which would fall to be disregarded under paragraph 16 or 17 of Schedule 3 had the relevant person’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.

12

Where a relevant person is in receipt of income support or an income-based jobseeker’s allowance, his earnings.

13

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

14

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

15

Any earnings of a child or young person except earnings to which paragraph 16 applies.

16

In the case of earnings of a child or young person who has ceased full-time education for the purposes of section 142 of the 1992 Act (meaning of child) and who is engaged in remunerative work—

• (a) if an amount by way of a disabled child premium under Schedule 1 is included in the determination of his applicable amount, £15;

• (b) in any other case, £5.

17

In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 16 hours a week.

SCHEDULE 3 — SUMS TO BE DISREGARDED IN THE DETERMINATION OF INCOME OTHER THAN EARNINGS

1

Any amount paid by way of tax on income which is to be taken into account under regulation 29 (determination of income other than earnings).

2

Any payment in respect of any expenses incurred by a relevant person who is—

• (a) engaged by a charitable or voluntary organisation, or

• (b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 31(4) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

Where a relevant person is in receipt of income support or an income-based jobseeker’s allowance, the whole of his income.

5

Any disability living allowance.

6

Any concessionary payment made to compensate for the non-payment of—

• (a) any payment specified in paragraph 5 or 8;

• (b) income support;

• (c) mobility allowance under section 37A of the Social Security Act 1975[^f00095];

• (d) an income-based jobseeker’s allowance.

7

Any mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00096] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00097] or any payment intended to compensate for the non-payment of such a supplement.

8

Any attendance allowance.

9

Any payment to the relevant person as holder of the Victoria Cross or of the George Cross or any analogous payment.

10

Any sum in respect of course of study attended by a child or young person payable by virtue of Regulations made under section 81 of the Education Act 1944[^f00098] (assistance by means of scholarships or otherwise), or by virtue of section 2(1) of the Education Act 1962[^f00099] (awards for courses of further education), or section 49 of the Education (Scotland) Act 1980[^f00100] (power to assist persons to take advantage of educational facilities).

11

In the case of a relevant person attending a course at an employment rehabilitation centre established under section 2 of the Employment and Training Act 1973[^f00101] or participating in arrangements for training made under that section or under section 2 of the Enterprise and New Towns (Scotland) Act 1990[^f00102] —

• (a) any travelling expenses reimbursed to the relevant person;

• (b) if he receives an allowance under section 2(2)(d) of the former Act or under section 2(4)(c) of the latter Act, such amount, if any, of that allowance expressed to be a living away from home allowance;

• (c) any training premium,

but this paragraph, except in so far as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under the said section 2(2)(d) or the said section 2(4)(c).

12

• (1) Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 31 and 32, £20 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 32, 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 rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable.

• (3) Sub-paragraphs (1) and (2) shall not apply to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children.

• (4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

• (5) For the purposes of sub-paragraph (2),

• (a) the expression “ordinary clothing or footwear” has the same meaning as regulation 31(14); and

• (b) “rent” means eligible rent within the meaning of regulation 10(3) of the Housing Benefit (General) Regulations 1987[^f00103], less any deductions in respect of non-dependants which fall to be made under regulation 63[^f00104] of those Regulations.

13

Subject to paragraph 31, £10 of any of the following, namely—

• (a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 7 or 8);

• (b) a war widow’s pension;

• (c) a pension payable to a person as a widow under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00105] insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865[^f00106] or the Pensions and Yeomanry Pay Act 1884[^f00107], or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977[^f00108] 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.

14

• (1) Any income derived from capital to which the relevant person is or is treated under regulation 39 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 3, 5, 8, 14, 25 or 26 of Schedule 4.

• (2) Income derived from capital disregarded under paragraphs 3(a), 5, 25 or 26 of Schedule 4 but only to the extent of—

• (a) any mortgage payments or payment of rates made in respect of the dwelling or buildings, or

• (b) any standard community charge, council tax or water charges which the relevant person is liable to pay in respect of the dwelling or building,

in the period during which that income accrued.

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

15

Where a relevant person receives income under an annuity purchased with a loan which satisfies the following conditions—

• 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; that the interest on the loan is payable by the person to whom it was made or by one of the annuitants; 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; 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 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— where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988[^f00109] (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; in any other case, the interest which is payable on the loan without deduction of such a sum.

16

Where the relevant person makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating—

• under regulations made in exercise of the powers conferred by section 1 of the Education Act 1962[^f00110], that student’s award under that section; that student’s award under section 2 of that Act[^f00110]; or under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980[^f00111] that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section, an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

17

• (1) Where the relevant person is the parent of a student aged under 25 in advanced education who either—

• (a) is not in receipt of any award or grant in respect of that education; or

• (b) is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,

and the relevant person makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 16, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

• (2) For the purposes of sub-paragraph (1), the amount shall be equal to—

• (a) the weekly amount of the payments; or

• (b) the amount by way of a personal allowance for a single person under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),

whichever is less.

18

Any payment made to the relevant person by a child or young person or a non-dependent.

19

Where the relevant person occupies a dwelling as his only or main residence which is also occupied by a person other than one to whom paragraph 18 or 39 refers and there is a contractual liability to make payments to the relevant person in respect of the occupation of the dwelling by that person or a member of his family—

• £4 of the aggregate of any payments made in 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 a further £9.25, where the aggregate of any such payments is inclusive of an amount for heating.

20

Any income in kind.

21

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

22

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

• (a) in accordance with regulations made pursuant to section 57A of the Adoption Act 1976[^f00112] (permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978[^f00113] (schemes for payments 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[^f00114] (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or, as the case may be, section 50 of the Children Act 1975[^f00115] (payment towards maintenance of children);

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

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

• (a) to whom regulation 32(2) (capital in excess of £5,000) applies, the whole payment;

• (b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the determination of the relevant person’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

23

Any payment made by a local authority to the relevant person 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[^f00116] or by a voluntary organisation under section 59(1)(a) of the Children Act 1989 or by a care authority under regulation 9 of the Boarding-out and Fostering of Children (Scotland) Regulations 1985[^f00117] (provision of accommodation and maintenance for children by local authorities and voluntary organisations).

24

Any payment made by a health authority, local authority or voluntary organisation to the relevant person in respect of a person who is not normally a member of the relevant person’s household but is temporarily in his care.

25

Any payment made by a local authority in accordance with section 17 or 24 of the Children Act 1989[^f00118] 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).

26

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan for the purchase of the dwelling which the relevant person occupies as his only or main residence and secured on that dwelling to the extent that it does not exceed the amount calculated, on a weekly basis, of that repayment.

27

Any payment of income which by virtue of regulation 35 (income treated as capital) is to be treated as capital.

28

Any social fund payment.

29

Any payment under section 148 of the 1992 Act (pensioners’ Christmas bonus).

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

The total of a relevant person’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 17(3) (determination of income and capital of members of relevant person’s family and of a polygamous marriage) to be disregarded under paragraphs 13 and 14 shall in no case exceed £20 per week.

32

• (1) Any payment made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund.

• (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 any of the MacFarlane Trusts or the Fund 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 relevant person’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 relevant person’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 MacFarlane Trusts or the Fund 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 relevant person’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 relevant person’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 MacFarlane Trusts or the Fund, where—

• (a) that person has no partner or former partner from whom 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 to 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 person, which derives from a payment under any of the MacFarlane Trusts or the Fund, 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, 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 MacFarlane Trusts or the Fund.

33

Any housing benefit and any housing benefit in the form of a community charge rebate.

34

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

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[^f00119].

36

Any resettlement benefit which is paid to the relevant person by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987[^f00120].

37

Any community charge benefit.

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[^f00121] or section 9A of the Abolition of Domestic Rates Etc. (Scotland) Act 1987[^f00122] (reduction of liability for personal community charges) or reduction of council tax either under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992[^f00123] (reduction of liability for council tax).

39

• (1) Where the relevant person occupies a dwelling as his only or main residence and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

• (a) where the aggregate of any payments made in any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent. of such payments; or

• (b) where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.

• (2) In this paragraph “board and lodging accommodation” means accommodation provided to a person or, where he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked and prepared meals which are both cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and consumed in that accommodation or associated premises.

40

Any special war widows payment made under—

• 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 1865[^f00124]; the Royal Warrant dated 21st February 1990 amending the Schedule to the Army Pensions Warrant 1977[^f00125]; the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917[^f00126]; the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980[^f00127]; 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 1980[^f00128]; and any analogous payments made 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 paragraph.

41

Any payment to a juror or 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 1992 Act, the Social Security Administration Act 1992[^f00129] or the Jobseekers Act 1995[^f00130]

42

• (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[^f00131] (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[^f00132] (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).

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Any payment made under regulations 9 to 11 or regulation 13 of the Welfare Food Regulations 1988[^f00133] (payments made in place of milk tokens or the supply of vitamins).

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Any payment made by either 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.

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• (1) Where a relevant person’s applicable amount includes an amount by way of the family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by—

• (a) the relevant person’s former partner, or the relevant person’s partner’s former partner; or