Regulation 9 Amendment of Schedule 6

In Schedule 6 (capital disregards), in Part 1 (capital to be disregarded)—

(a)

in paragraph 16—

(i)

in sub-paragraph (1)(a)—

(aa)

omit “the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund,”;

(bb)

after “the Windrush Compensation Scheme” insert “, the National Emergencies Trust”;

(ii)

after sub-paragraph (1A) insert—

“(1B)
Any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.”;

(b)

in paragraph 21—

(i)

after sub-paragraph (1)(f) insert—

“(g)
to rectify, or compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the applicant’s entitlement to contributory employment and support allowance, being an amount to which paragraph 22(1A) does not apply.”;

(ii)

in sub-paragraph (2)—

(aa)

at the end of paragraph (s) omit “or”;

(bb)

after paragraph (t) insert—

“(u)
any Scottish child payment assistance given in accordance with section 79 of that Act^f1;

(v)
any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019;

(w)
short-term assistance given in accordance with regulations under section 36 of the Social Security (Scotland) Act 2018; or

(x)
winter heating assistance given in accordance with regulations under section 30 of that Act.”;

(iii)

after sub-paragraph (2) insert—

“(3)
In sub-paragraph (1) “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007^f2 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012^f3 that remove references to an income-related allowance.”;

(c)

in paragraph 22—

(i)

after sub-paragraph (1) insert—

“(1A)
Subject to paragraph (3), any payment of £5,000 or more received by the applicant in full on or after the day on which the applicant became entitled to a reduction under an authority’s scheme which has been made to rectify, or compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the applicant’s entitlement to contributory employment and support allowance.

(1B)
In sub-paragraph (1A) “contributory employment and support allowance” has the meaning in paragraph 21(3).”;

(ii)

in sub-paragraph (2), after paragraph (f) insert—

“(g)
regulations 10A to 10C of the Universal Credit (Transitional Provisions) Regulations 2014^f4;”;

(iii)

in sub-paragraph (3) for “(1) or (2)” substitute “(1), (1A) or (2)”;

(d)

after paragraph 29C insert—

“29D.

Any lump sum payment made in accordance with regulation 24 of the Victims’ Payments Regulations 2020.

29E.

Any sum paid by means of assistance in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.

29F.

Any sum paid by means of winter heating assistance in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018.”.

Annotations

Footnotes

f1: Within paragraph 21(2)(u), “that Act” is a reference to the Social Security (Scotland) Act 2018 (2018 asp 9).
f2: 2007 c.5.
f3: 2012 c.5.
f4: S.I. 2014/1230. Regulation 10A was inserted by S.I. 2018/932 and amended by S.I. 2019/1314; regulation 10B was inserted by S.I. 2019/1314; regulation 10C was inserted by S.I. 2020/618.