OpenLegislation

Paragraph 17

England, Wales and Scotland

C1(1)

In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under F1paragraphs 3 to 10A of this Schedule shall be increased by F2£17.10.

(2)

The conditions of this sub-paragraph are that—

(a)

the claimant, or if he is a member of a couple, either the claimant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit Regulations applies; or

(b)

the claimant—

(i)

is, or if he is a member of a couple, at least one member of that couple is aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week; or

(ii)

is a member of a couple and—

(aa)

at least one member of that couple, is engaged in remunerative work for on average not less than 16 hours per week; and

(bb)

F3his applicable amount includes a family premium under paragraph 3 of Schedule 3; or

his family includes at least one child or young person;

(iii)

is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week; or

F4(iv)

not being a member of a couple, is engaged in remunerative work for on average not less than 16 hours per week and—

(aa)

the claimant’s applicable amount includes a disability premium under paragraph 12, or the support component under paragraph 24, of Schedule 3; or

(bb)

the claimant is a member of the work-related activity group; or

(v)

is a member of a couple and at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week and that member of the couple—

(aa)

satisfies the qualifying conditions for the disability premium under paragraph 12 or the support component under paragraph 24 of Schedule 3; or

(bb)

is a member of the work-related activity group; or

(c)

the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.

(3)

The following are the amounts referred to in sub-paragraph (1)—

(a)

the amount to be disregarded from the claimant's earnings under F5paragraphs 3 to 10A F6and 18 of this Schedule;

(b)

the amount of child care charges calculated as deductible under F7regulation 27(1)(c); and

C2(c)

F8 £17.10.

(4)

The provisions of regulation 6 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation were a reference to 30 hours.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 17(1) substituted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/2608), reg. 1(2)(3), 2(4)(b)

F2

Sch. 4 para. 17(1) substituted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(10)

F3

Sch. 4 para. 17(2)(b)(ii) (bb) substituted (1.5.2016) by The Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations 2015 (S.I. 2015/1857), regs. 1(b), 2(1)(d) (with reg. 4)

F4

Sch. 4 para. 17(2)(b)(iv) (v) substituted for Sch. 4 para. 17(2)(b)(iv) (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 25(4)

F5

Words in Sch. 4 para. 17(3)(a) substituted (1.11.2010) by The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/2449), regs. 1(2), 2(9)

F6

Words in Sch. 4 para. 17(3)(a) inserted (5.10.2026) by The Housing Benefit (Earned Income Disregards) (Amendment) Regulations 2026 (S.I. 2026/753), regs. 1(1), 2(4)(a) (as substituted by S.I. 2026/978, regs. 1(1), 2(2))

F7

Words in Sch. 4 para. 17(3)(b) substituted (19.5.2008) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(11)(f)

F8

Sch. 4 para. 17(3)(c) substituted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(10)

Modifications

C1

Sch. 4 para. 17(1): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(10)

C2

Sch. 4 para. 17(3)(c): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(10)