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Paragraph 10 Excluded disposable capitalF1

The following things are excluded disposable capital—

(a)

a property which is the main or only dwelling occupied by the party;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

any vehicle, the sale of which would leave the party, or their partner, without motor transport;

F4(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(g)

the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(h)

a jobseeker’s back to work bonus;

(i)

a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(j)

any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(k)

the capital held in any personal or occupational pension scheme;

(l)

any cash value payable on surrender of a contract of insurance;

(m)

any capital payment made out of the Independent Living Funds;

(F5n)

any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment) F6or regulation 3(2) or (5) of the Bereavement Support Payment Regulations (Northern Ireland) 2017.;

(o)

any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(p)

any student loan or student grant;

(q)

any payments under the criminal injuries compensation scheme.

F7(r)

any payments under the Armed Forces Compensation Scheme;

(s)

any compensation paid as a result of the Grenfell Tower fire;

(t)

any payments under the Lambeth Children’s Homes Redress Scheme;

(u)

any payments from the London Emergencies Trust;

(v)

any payments under the Medomsley Detention Centre Physical Abuse Settlement Scheme;

(w)

any payments under the Miscarriage of Justice Compensation Scheme;

(x)

any payments from the National Emergencies Trust;

(y)

any payments under the Infected Blood Support Scheme;

(z)

any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(za)

any payments under the Jesus Fellowship Redress Scheme;

(zb)

any payment under the Vaccine Damage Payment Scheme;

(zc)

any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(zd)

any compensation paid under the Victims of Overseas Terrorism Compensation Scheme;

(ze)

any payments under the We Love Manchester Emergency Fund; and

(zf)

any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020.

Annotations

Textual amendments

F1

Sch. inserted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 4(7), Sch. (with art. 13)

F2

Sch. para. 10(b) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)

F3

Sch. para. 10(c) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)

F4

Sch. para. 10(e) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)

F5

Sch. para. 10(n) substituted (E.W.S.) (6.4.2017) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 27(b) (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)

F6

Words in Sch. para. 10(n) inserted (N.I.) (coming into force in accordance with reg. 1(2)(a) of the amending Rule) by virtue of The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017 (S.R. 2017/66), art. 23(b), reg. 1(2)(a) (with arts. 2, 3)

F7

Sch. paras. 10(r)-(zf) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(b) (with art. 6)