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Paragraph 5 I1

Scotland

In computing the disposable income of the person concerned, there is to be disregarded any payments made in accordance with—

(a)

income support;

(b)

income-based jobseeker’s allowance;

(c)

disability living allowance;

(d)

income-related employment and support allowance;

(e)

universal credit;

(f)

personal independence payment;

(g)

armed forces independence payment;

F1(h)

any Scottish child payment;

F2(i)

child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021,

(j)

short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations;

F3(k)

adult disability payment given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022,

(l)

short-term assistance given in accordance with Part 1 of schedule 2 (short-term assistance) of the Regulations mentioned in sub-paragraph (k);

F4(la)

Scottish adult disability living allowance given in accordance with the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,

(lb)

short-term assistance given in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations,

F5(m)

any means-tested additional payment made under section 1 or 4 of the F62022 Act;

(n)

any disability additional payment made under section 5 of the 2022 Act;

F7(o)

any means-tested additional payment made under section 1 of the 2023 Act, at any time since the coming into force of that Act;

(p)

any disability additional payment made under section 5 of the 2023 Act, at any time since the coming into force of that Act;

F8(q)

F9carer support;

F10(r)

any F11carer’s allowance paid under section 70 of the 1992 Act or carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;

(s)

an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022;

F12(t)

any human trafficking or exploitation victim payment,

(u)

any miscarriage of justice payment,

(v)

any Grenfell Tower payment,

(w)

any payment made under the Infected Blood Compensation Scheme;

F13(x)

any care leaver payment.

Annotations

Textual amendments

F1

Sch. 1 para. 5(h) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 4(3)

F2

Sch. 1 para. 5(i)(j) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 16 (with reg. 19)

F3

Sch. 1 para. 5(k)(l) inserted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 16 (with reg. 20)

F4

Sch. 1 para. 5(la)(lb) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 16

F5

Sch. 1 para. 5(1)(m)(n) inserted (23.1.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/11), regs. 1, 5(3)

F6

Words in sch. 1 para. 5(m) substituted (21.9.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 3) Regulations 2023 (S.S.I. 2023/178), regs. 1, 7(3)(a)

F7

Sch. 1 para. 5(o)(p) inserted (21.9.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 3) Regulations 2023 (S.S.I. 2023/178), regs. 1, 7(3)(b)

F8

Sch. 1 para. 5(q) inserted (15.11.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 10(3)

F9

Words in sch. 1 para. 5(q) substituted (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), reg. 1(2), sch. 1 para. 9(3) (with reg. 5(1))

F10

Sch. 1 para. 5(r)(s) inserted (3.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/178), regs. 1, 4(2)

F11

Words in sch. 1 para. 5(r) inserted (12.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/216), regs. 1, 6(3)(a)

F12

Sch. 1 para. 5(t)-(w) inserted (12.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/216), regs. 1, 6(3)(b)

F13

Sch. 1 para. 5(x) inserted (1.6.2026) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/117), regs. 1, 7(3)

Commencement

I1

Sch. 1 para. 5 in force at 24.6.2013, see reg. 1