Paragraph 4

(1)

£20 is disregarded if the claimant or, if he has a partner, his partner—

(a)

is in receipt of—

(i)

long-term incapacity benefit under Section 30A of the 1992 Act^f1;

(ii)

severe disablement allowance under section 68 of that Act;

(iii)

attendance allowance;

(iv)

disability living allowance under section 71 to 76 of that Act;

(v)

any mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983^f2 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983^f3; or

(b)

is or are registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948^f4 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council.

(2)

Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit, had an award of income support or income-based jobseeker’s allowance and—

(a)

£20 was disregarded in respect of earnings taken into account in that award;

(b)

the person whose earnings qualified for the disegard continues in employment after the termination of that award.

(3)

Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner, immediately before attaining pensionable age,—

(a)

had an award of state pension credit; and

(b)

a disregard under paragraph 4(1)(a)(i) or (ii) was taken into account in determining that award.

(4)

The disregard of £20 specified in sub-paragraphs (2) and (3) applies so long as there is no break, other a break which does not exceed 8 weeks,—

(a)

in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded; or

(b)

in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.

(5)

£20 is the maximum amount which may be disregarded under any sub-paragraph of this paragraph, notwithstanding that in the case of married or unmarried couples, both partners satisfy the requirements of that sub-paragraph.

Annotations

Footnotes

f1: Section 30A was inserted by Social Security (Incapacity for Work) Act 1994 (c. 18).
f2: S.I.1983/883.
f3: S.I.1983/686; amended by S.I.1983/1164 and 1540 and 1986/628.
f4: 1948 c. 29.