Paragraph 5 I1
Scotland
In computing the disposable income of the person concerned, there is to be disregarded any payments made in accordance with—
income support;
income-based jobseeker’s allowance;
disability living allowance;
income-related employment and support allowance;
universal credit;
personal independence payment;
armed forces independence payment;
any Scottish child payment;
child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021,
short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations;
adult disability payment given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022,
short-term assistance given in accordance with Part 1 of schedule 2 (short-term assistance) of the Regulations mentioned in sub-paragraph (k);
Scottish adult disability living allowance given in accordance with the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,
short-term assistance given in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations,
any disability additional payment made under section 5 of the 2022 Act;
any means-tested additional payment made under section 1 of the 2023 Act, at any time since the coming into force of that Act;
any disability additional payment made under section 5 of the 2023 Act, at any time since the coming into force of that Act;
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;
an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022;
any human trafficking or exploitation victim payment,
any miscarriage of justice payment,
any Grenfell Tower payment,
any payment made under the Infected Blood Compensation Scheme;
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