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Regulation 73F Exception to the benefit cap: receipt of specified benefitF1

(1)

The benefit cap does not apply where—

(a)

the claimant or the claimant’s partner is receiving an employment and support allowance under Part 1 of the Welfare Reform Act which includes a support component;

(b)

the claimant or the claimant’s partner is receiving an industrial injuries benefit by virtue of Part 5 of the Act;

(c)

the claimant or the claimant’s partner is receiving an attendance allowance;

(F2ca)

the claimant or the claimant’s partner is receiving pension age disability payment;

(d)

the claimant or the claimant’s partner is receiving a war pension;

(e)

the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving a disability living allowance;

(F3eza)

the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving child disability payment;

(F4ezb)

the claimant or the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible is receiving Scottish adult disability living allowance;

(F5ea)

the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence payment F6or adult disability payment;

(f)

the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving an armed forces independence payment;

(g)

the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible is entitled to a payment listed in sub-paragraph (b), (c), F7(ca), (d), F8(e), F9(eza) F10, (ezb), (ea) or (f) but—

(i)

that person is not receiving it under regulation 6 (hospitalisation) or regulation 7 (persons in care homes) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992;

(F11ia)

in the case of pension age disability payment, that payment is not payable in accordance with regulation 19 (effect of admission to a care home on ongoing entitlement to pension age disability payment) or regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;

(ii)

it is withheld under article 53 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (maintenance in hospital or an institution);

(iii)

that person is not receiving it under regulation 8 (hospitalisation) or regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1992;

(F12iiia)

in the case of Scottish adult disability living allowance, that allowance is not payable in accordance with regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

(F13iv)

that payment is not payable in accordance with regulations made under Article 90 or Article 91 of the 2015 Order;

(F14v)

that person is not receiving it under regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the DACYP Regulations;

(F15F16vi)

in the case of adult disability payment, that payment is not payable in accordance with regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component) or regulations 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

(F17h)

the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act;

(ha)

the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a guardian’s allowance under section 77 of the Act.

(F18hb)

the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer support payment;

(F19i)

the claimant is receiving universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.

(2)

In this regulation “war pension” has the meaning in regulation 2(1) (interpretation) and includes—

(a)

a guaranteed income payment;

(b)

a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(c)

a payment which is made under any of—

(i)

the Order in Council of 19th December 1881;

(ii)

the Royal Warrant of 27th October 1884;

(iii)

the Order by His Majesty of 14th January 1922,

to a widow, widower or surviving civil partner of a person whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown and whose service in such capacity terminated before 31st March 1973.

(d)

a pension paid by the government of a country outside Great Britain which is analogous to a war pension or any of the pensions or payments mentioned in sub-paragraphs (a) to (c).

Annotations

Textual amendments

F1

Pt. 8A inserted (31.5.2016) by The Benefit Cap (Housing Benefit) Regulations (Northern Ireland) 2016 (S.R. 2016/55), regs. 1, 3(5)

F2

Reg. 73F(1)(ca) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 27(5)(a)

F3

Reg. 73F(1)(eza) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 6 para. 5

F4

Reg. 73F(1)(ezb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(5)(a)

F5

Reg. 73F(1)(ea) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 30(5)(a)

F6

Words in reg. 73F(1)(ea) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 24(5)(a)

F7

Word in reg. 73F(1)(g) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 27(5)(b)(i)

F8

Words in reg. 73F(1)(g) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 30(5)(b)

F9

Word in reg. 73F(1)(g) inserted (22.11.2021) by The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 11(2)(a)

F10

Word in reg. 73F(1)(g) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(5)(b)(i)

F11

Reg. 73F(1)(g)(ia) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 27(5)(b)(ii)

F12

Reg. 73F(1)(g)(iiia) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(5)(b)(ii)

F13

Reg. 73F(1)(g)(iv) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 30(5)(c)

F14

Reg. 73F(1)(g)(v) inserted (22.11.2021) by The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 11(2)(b)

F15

Reg. 73F(1)(g)(v) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 24(5)(b)

F16

Reg. 73F(1)(g)(v) renumbered as reg. 73F(1)(g)(vi) (6.6.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022 (S.I. 2022/530), arts. 1(2), 9(2)

F17

Reg. 73F(1)(h)(ha) substituted for reg. 73F(1)(h) (7.11.2016) by The Benefit Cap (Housing Benefit and Universal Credit) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/375), regs. 1(2), 2(4)

F18

Reg. 73F(1)(hb) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 42(3)

F19

Reg. 73F(1)(i) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 34(8)