OpenLegislation

Paragraph 8 I1

Scotland

In computing the amount of capital of the person concerned, there is wholly disregarded—

(a)

a back to work bonus (payable under the Jobseekers Act 1995)f1;

(b)

any payment made under the Community Care (Direct Payments) Act 1996f2 or F1as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013;

(c)

a payment by a local authority in exercise of the powers in section 20 of the Local Government in Scotland Act 2003f3 (power to advance well-being) and using funds provided by the Scottish Ministers from the Scottish Welfare Fund where the payment is—

(i)

a crisis payment made for the purpose of meeting an immediate short term need; or

(ii)

made for the purpose of meeting a need for community care;

F2(d)

any payment made under the Windrush Compensation Scheme;

(e)

any Windrush connected payment;

(f)

any Scottish child payment;

F3(g)

any payment made under Part 4 of the 2021 Act (financial redress for historical child abuse), or any relevant payment made or to be made prior to the date of commencement of the redress scheme;

F4(h)

any payment made under the Scottish Infected Blood Support Scheme;

(i)

any additional payment made under F5either the 2022 Act or the 2023 Act, at any time since the coming into force of those Acts;

(j)

any temporary additional amount to the social fund winter fuel payment paid by virtue of the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2022 F6or the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2023;

F7(k)

F8any payment of carer support;

F9(l)

any F10carer’s allowance paid under section 70 of the 1992 Act or carer’s allowance supplement paid under section 81 of the Social Security (Scotland) Act 2018;

(m)

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

F11(n)

any human trafficking or exploitation victim payment,

(o)

any miscarriage of justice payment,

(p)

any Grenfell Tower payment,

(q)

any payment made under the Infected Blood Compensation Scheme.

F12(r)

any care leaver payment.

Annotations

Textual amendments

F1

Words in sch. 2 para. 8(b) substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, sch. Pt. 3 (with art. 3)

F2

Sch. 2 para. 8(d)-(f) 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(4)

F3

Sch. 2 para. 8(g) inserted (26.11.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/333), regs. 1, 4(3)

F4

Sch. 2 paras. 8(h)-(j) 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(4)

F5

Words in sch. 2 para. 8(i) 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(4)(a)

F6

Words in sch. 2 para. 8(j) 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(4)(b)

F7

Sch. 2 para. 8(k) 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(4)

F8

Words in sch. 2 para. 8(k) 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(4) (with reg. 5(1))

F9

Sch. 2 para. 8(l)(m) 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(3)

F10

Words in sch. 2 para. 8(l) 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(4)(a)

F11

Sch. 2 paras. 8(n)-(q) 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(4)(b)

F12

Sch. 2 para. 8(r) 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(4)

Commencement

I1

Sch. 2 para. 8 in force at 24.6.2013, see reg. 1

Footnotes

f1

1995 c.18.

f2

1996 c.30.

f3

2003 asp 1.