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Paragraph 2 I1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In determining a second adult’s gross income for the purposes of this Schedule, there shall be disregarded from that income—

F1(a)

any attendance allowance, or any disability living allowance under section 71 of the Contributions and Benefits Act 1992;

(b)

any payment made under the Trusts, the Fund F2, the Eileen Trust or F3the Independent Living Funds which had his income fallen to be calculated under regulation 24 (calculation of income other than earnings) would have been disregarded under paragraph 22 of Schedule 4 (income in kind); and

(c)

any payment which had his income fallen to be calculated under regulation 24 would have been disregarded under paragraph 35 of Schedule 4 (payments made under certain trusts and certain other payments).

Annotations

Textual amendments

F1

Words in Sch. 2 para. 2 substituted (1.4.1993 immediately after art. 20 of S.I. 1993/349 comes into force) by The Council Tax Benefit (General) Amendment Regulations 1993 (S.I. 1993/688), regs. 1(1), 23(b)

F2

Words in Sch. 2 para. 2(b) inserted (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 6(3)(e)

F3

Words in Sch. 2 para. 2(b) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 5(3)(4)

Commencement

I1

Sch. 2 para. 2 in force at 1.4.1993, see reg. 1(b)