OpenLegislation

Paragraph 21 I1

England and Wales

(1)

Subject to paragraph 22 any amount paid—

(a)

by way of arrears of benefit;

(b)

by way of compensation for the late payment of benefit;

(c)

in lieu of the payment of benefit;

(d)

to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;

(e)

by a local authority out of funds provided under either section 93 of the Local Government Act 2000f1 under a scheme known as “Supporting People” or section 91 of the Housing (Scotland) Act 2001f2;

F1(f)

by way of occasional assistance including arrears and payments in lieu of occasional assistance (and in this paragraph “occasional assistance” has the same meaning as in paragraph 16 of Schedule 1).

F2(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.

(2)

In sub-paragraph (1), “benefit” means—

(a)

attendance allowance under section 64 of the SSCBA;

(b)

disability living allowance;

(c)

personal independence payment

(d)

an AFIP;

(e)

income support;

(f)

income-based jobseeker’s allowance;

(g)

state pension credit;

(h)

housing benefit;

(i)

council tax benefit;

(j)

child tax credit;

(k)

an increase of a disablement pension under section 104 of the SSCBA (increase where constant attendance is needed), and any further increase of such a pension under section 105 of that Act (increase for exceptionally severe disablement);

(l)

any amount included on account of the applicant’s exceptionally severe disablement or need for constant attendance in a war disablement pension or a war widow’s or widower’s pension;

(m)

any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001f3;

(n)

working tax credit; F3...

(o)

income-related employment and support allowance; F4...

F5(p)

social fund payments under Part 8 of the SSCBA F6; F7...

(q)

universal credit;

F8(r)

maternity allowance under section 35 of the SSCBA (state maternity allowance for employed or self-employed earner);

(s)

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018; F9...

(t)

funeral expense assistance given in accordance with section 34 of that Act;

F10(u)

any Scottish child payment assistance given in accordance with section 79 of that Act;

(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; F11...

(x)

winter heating assistance given in accordance with regulations under section 30 of that Act F12or

(y)

bereavement support payment under section 30 of the Pensions Act 2014.

F13(3)

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

Annotations

Textual amendments

F1

Sch. 6 para. 21(1)(f) inserted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(12)(a)(i)

F2

Sch. 6 para. 21(g) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 9(b)(i)

F3

Word in Sch. 6 para. 21(2)(n) omitted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(12)(a)(ii)

F4

Word in Sch. 6 para. 21(2) omitted (with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3312), regs. 1(1), 2(10)(a)(i)

F5

Sch. 6 para. 21(2)(p) inserted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(12)(a)(iv)

F6

Sch. 6 para. 21(2)(q) and word inserted (with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3312), regs. 1(1), 2(10)(a)(ii)

F7

Word in Sch. 6 para. 21(2)(p) omitted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 11(b)(i)

F8

Sch. 6 para. 21(2)(r)-(t) inserted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 11(b)(ii)

F9

Word in Sch. 6 para. 21(2)(s) omitted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 9(b)(ii)(aa)

F10

Sch. 6 para. 21(2)(u)-(x) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 9(b)(ii)(bb)

F11

Word in Sch. 6 para. 21(2)(w) omitted (9.2.2024 with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2024 (S.I. 2024/29), regs. 1(1), 9(b)(i)

F12

Sch. 6 para. 21(2)(y) and word inserted (9.2.2024 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2024 (S.I. 2024/29), regs. 1(1), 9(b)(ii)

F13

Sch. 6 para. 21(3) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 9(b)(iii)

Commencement

I1

Sch. 6 para. 21 in force at 27.11.2012, see reg. 1(1)

Footnotes

f1

2000 c. 22; changes made to this section are not relevant to these Regulations.

f2

2001 asp 10.

f3

S.I. 2001/1167.

Notes on Schedule 6

Footnotes

f1

And see also paragraph 17 of Schedule 1.