Paragraph 7 I1

England, Wales and Scotland

Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

(a)

any payment specified in paragraph F26, 8, F39, 76A, F484, 85F5, 86, 88 or 89 of Schedule 9 (other income to be disregarded);

F6(b)

an income-related benefit F7, an income-related employment and support allowance or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002;

F8(c)

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

F9(d)

any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001F10;

(e)

universal credit

F11(f)

bereavement support payment under section 30 of the Pensions Act 2014,

F12(g)

maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner),

F13(h)

carer support payment, but only that amount that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act,

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

F14(2)

In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(F15a)

paid in order to rectify, or to compensate for—

(i)

an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or

(ii)

an error on a point of law; and

(b)

received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of income support, for the remainder of that award if that is a longer period.

(3)

For the purposes of sub-paragraph (2), “the award of income support” means—

(a)

the award F16of any of income support F17, an income-related employment and support allowance F18, an income-based jobseeker’s allowance or universal credit in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b)

where that award is followed by one or more further awards which in each case may be F19any of income support F20, an income-related employment and support allowance , an income-based jobseeker’s allowance or universal credit and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

(i)

is the person who received the relevant sum, or

(ii)

is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or

(iii)

in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum F21, or

(iv)

in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum.

Annotations

Textual amendments

F1: Words in Sch. 10 para. 7 inserted (14.10.2002) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 2(b)(ii)
F2: Words in Sch. 10 para. 7(1)(a) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Information-Sharing and Scottish Child Payment) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/482), art. 3(3)
F3: Words in Sch. 10 para. 7(1)(a) substituted (9.11.2020) by The Social Security (Scotland) Act 2018 (Young Carer Grants, Short-Term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2020 (S.I. 2020/989), arts. 1(2), 9(3)
F4: Words in Sch. 10 para. 7(1)(a) substituted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/886), arts. 1(2), 11(3)
F5: Words in Sch. 10 para. 7(1)(a) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(5)(a)
F6: Sch. 10 para. 7(1)(b) substituted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(15)(a)
F7: Words in Sch. 10 para. 7(1)(b) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(15)(a)
F8: Sch. 10 para. 7(1)(c) omitted (4.4.2005) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 3(6)
F9: Sch. 10 para. 7(d) added (2.7.2001) by The Social Security Amendment (Discretionary Housing Payments) Regulations 2001 (S.I. 2001/2333), regs. 1(1), 2(2)(c)
F10: Sch. 10 para. 7(1)(e) and semi-colon inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 28(9)(a)
F11: Sch. 10 para. 7(1)(f) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 9(4)(a)
F12: Sch. 10 para. 7(1)(g) inserted (31.10.2019) by The Social Security (Capital Disregards) (Amendment) Regulations 2019 (S.I. 2019/1314), regs. 1, 2(2)(b)
F13: Sch. 10 para. 7(1)(h) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(5)(b)
F14: Sch. 10 para. 7(2)(3) added (14.10.2002) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 2(b)(ii)
F15: Sch. 10 para. 7(2)(a) substituted (11.9.2018) by The Social Security (Treatment of Arrears of Benefit) Regulations 2018 (S.I. 2018/932), regs. 1, 2
F16: Words in Sch. 10 para. 7(3)(a) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 28(9)(b)(ii)
F17: Words in Sch. 10 para. 7(3)(a) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(15)(b)(i)
F18: Words in Sch. 10 para. 7(3) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 28(9)(b)(i)
F19: Word in Sch. 10 para. 7(3)(b) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 28(9)(b)(iii)
F20: Words in Sch. 10 para. 7(3)(b) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(15)(b)(ii)
F21: Sch. 10 para. 7(3)(b)(iv) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 28(9)(b)(iv)

Modifications

C1: Sch. 10 para. 7(1) applied (with modifications) (28.2.2003) by S.I. 1992/2977, Sch. 4 para. 6 (as substituted (S.) by The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2003 (S.S.I. 2003/69), regs. 1(1), 2)

Commencement

I1: Sch. 10 para. 7 in force at 11.4.1988, see reg. 1

Notes on the whole SI

Textual amendments

F1: 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
F2: 1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

Notes on Schedule 10

Modifications

C1: Sch. 10 paras. 54, 55 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), 17(1)(2)(e) (with regs. 1(2), 11, 19)
C2: Sch. 10 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)