Paragraph 12 I1

England, Wales and Scotland

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

Sch.3, para.9 amended by Tax Credits Schemes Amendment (Education Maintenance Allowance) 2000 reg.3(1)(2)(b)
Sch. 3 para. 11(d) substituted by Tax Credits (New Deal Consequential Amendments) 2001 reg. 8(2)
Sch. 3 para. 57 substituted by Tax Credits (New Deal Consequential Amendments) 2001 reg. 8(3)
Sch. 3 para. 69 added by Tax Credits 2001 reg. 4(2)
Sch. 3 para. 42(d) words inserted by Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) 2018 Sch. para. 21(c)
Sch. 3 para. 44 word substituted by Secretary of State for Justice 2007 Sch. para. 15(2)
Sch. 3 para. 55 words substituted by Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) 2014 Sch. para. 3
Sch. 3 para. 55 words inserted by Community Care, Services for Carers and Children’s Services (Direct Payments) 2003 reg. 11(2) Sch. 2
Sch. 3 para. 27A inserted by Tax Credits 2003 reg. 7(2)
Sch. 3 para. 22(1)(a) words inserted by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) 2011 Sch. 1 para. 13(3)
Sch. 3 para. 55 words inserted by Community Care, Services for Carers and Children’s Services (Direct Payments) 2004 Sch. 2 para. 2
Sch. 3 para. 24(a) words inserted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 reg. 8 Sch. 5
Sch. 3 para. 14(b) words inserted by Tax Credits 2002 reg. 5(1)(a)
Sch. 3 para. 14(c) words inserted by Tax Credits 2002 reg. 5(1)(b)
Sch. 3 para. 50 words inserted by Tax Credits 2002 reg. 6
Sch. 3 para. 51 words inserted by Tax Credits 2002 reg. 6
Sch. 3 para. 52(1)(b) words inserted by Tax Credits 2002 reg. 7
Sch. 3 para. 25 words substituted by Tax Credits 2002 reg. 4(2)

(1)

Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 29 and 33, F1£20 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.

(2)

Subject to sub-paragraph (3) and paragraph 33, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, or housing costs of any member of the family, or is used for any personal community F2charge, collective community charge contribution F3or council tax for which any member of the family is liable.

(3)

Sub-paragraphs (1) and (2) shall not apply to a payment which is made or due to be made by—

(a)

a former partner of the claimant, or former partner of any member of the claimant’s family; or

(b)

the parent of a child or young person where that child or young person is a member of the claimant’s family.

(4)

For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account they shall be treated as though they were one such payment.

(5)

For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

Annotations

Textual amendments

F1: Sum in Sch. 3 para. 12(1) substituted (with effect in accordance with reg. 1(5) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(5), 8(d)
F2: Word in Sch. 3 para. 12(2) substituted (1.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), reg. 1(1)(b), Sch. para. 17(2)(a)
F3: Words in Sch. 3 para. 12(2) inserted (1.4.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), reg. 1(1)(b), Sch. para. 17(2)(b)

Commencement

I1: Sch. 3 para. 12 in force at 7.4.1992, see reg. 1

Notes on Schedule 3

Modifications

C1: Sch. 3 paras. 61, 62 modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 16(1)(2)(b) (with regs. 1(2), 11, 19)