Paragraph 21 I1F1
England, Wales and Scotland
F2Subject to sub-paragraphs (2) and (3), except where F3regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;
The exception under sub-paragraph (1) shall not apply where the income in kind F4is a Grenfell Tower payment F5, a child abuse payment or a Windrush payment or is received from the Macfarlane Trust F6, the Macfarlane (Special Payments) Trust F7, the Macfarlane (Special Payments) (No. 2) Trust F8, the Fund F9, the Eileen Trust F10, MFET Limited F11, the Skipton Fund, the Caxton Foundation F12, the Scottish Infected Blood Support Scheme F13, an approved blood scheme F14, the London Emergencies Trust, the We Love Manchester Emergency Fund F15, the National Emergencies Trust F16or F17the Independent Living F18Fund (2006).
The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
Annotations
Textual amendments
- F1
Sch. 9 para. 21 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(d)
- F2
Words in Sch. 9 para. 21(1) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(12)(a)
- F3
Words in Sch. 9 para. 21(1) added (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(12)(b)
- F4
Words in Sch. 9 para. 21(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(a)(i)
- F5
Words in Sch. 9 para. 21(2) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 2(7)(a)
- F6
Words in Sch. 9 para. 21(2) inserted (31.1.1990) by The Income-related Benefits Schemes Amendment Regulations 1990 (S.I. 1990/127), regs. 1(1), 3(3)(e)
- F7
Words in Sch. 9 para. 21(2) inserted (11.5.1991) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1991 (S.I. 1991/1175), regs. 1(1), 5(7)(a)
- F8
Words in Sch. 9 para. 21(2) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(7)(a)
- F9
Words in Sch. 9 para. 21(2) inserted (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 4(4)(a)
- F10
Words in Sch. 9 para. 21(2) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(3)(f)
- F11
Words in Sch. 9 para. 21(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(5)
- F12
Words in Sch. 9 para. 21(2) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 3(3)(e)
- F13
Words in Sch. 9 para. 21(2) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 2(3)(e)
- F14
Words in Sch. 9 para. 21(2) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 2(3)(e)
- F15
Words in Sch. 9 para. 21(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(a)(ii)
- F16
Words in Sch. 9 para. 21(2) inserted (9.6.1988) by The Family Credit and Income Support (General) Amendment Regulations 1988 (S.I. 1988/999), regs. 1(1), 5(d)
- F17
Words in Sch. 9 para. 21(2) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 2(3)(4)
- F18
Words in Sch. 9 para. 21(2) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(6)(f)
- F19
Sch. 9 para. 21(3) added (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(12)(c)
- F20
Sch. 9 para. 21(4) added (3.10.2005) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(2), 2(8)(a)
Commencement
- I1
Sch. 9 para. 21 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 9
Modifications
- C1
Sch. 9 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)
- C2
Sch. 9 applied (with modifications) (1.10.2007) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment No.2) Regulations 2007 (S.I. 2007/2590), regs. 1(1), 2(2))