OpenLegislation

Paragraph 5

In computing the disposable income of the person concerned, there shall be disregarded–

(a)

income support paid under section 124 of the 1992 Act M1;

(b)

an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 M2);

(c)

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

(d)

any payment made under the Community Care (Direct Payments) Act 1996 M3 or F1as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 F2;

(e)

state pension credit (payable under the State Pension Credit Act 2002);

F3(f)

an income-related employment and support allowance;

F4(g)

universal credit paid under Part 1 of the Welfare Reform Act 2012;

F5(h)

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

F7(i)

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

Annotations

Textual amendments

F1

Words in sch. 2 para. 5(d) 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. 5(e) and semicolon inserted (9.4.2007) by The Civil Legal Aid (Scotland) Amendment Regulations 2007 (S.S.I. 2007/59), regs. 1, 5 (with reg. 2)

F3

Sch. 2 para. 5(f) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 38(4)

F4

Sch. 2 para. 5(g) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 13(3)

F5

Sch. 2 para. 5(h) inserted (23.1.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/11), regs. 1, 3(4)(a)

F6

Words in sch. 2 para. 5(h) 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, 6(4)(a)

F7

Sch. 2 para. 5(i) 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, 6(4)(b)

Marginal citations

M1

Section 124 was amended by the Jobseekers Act 1995 (c.18), Schedules 2 and 3 and the Welfare Reform and Pensions Act 1999 (c.30), Schedule 8.

M2

1995 c.18.

M3

1996 c.30.