OpenLegislation

Paragraph 4

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the calculation of the claimant's applicable amount—

(a)

includes, or but for his being an in-patient or in accommodation in a home for persons in need, nursing home, hostel, board and lodging accommodation or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts); or

(b)
(i)

includes, or but for his being an in-patient or in accommodation in a home for persons in need, nursing home, hostel, board and lodging accommodation or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2, and

(ii)

he or his partner has attained the age of 60 and immediately before attaining that age either was engaged in employment and the claimant was or but for his being an in-patient or in accommodation in a home for persons in need, nursing home, hostel, board and lodging accommodation or in residential accommodation would have been, entitled under head (a) to a disregard of £15, and

(iii)

either he or his partner has continued in part-time employment,

£15; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2)

For the purposes of sub-paragraph (1)(b)(iii) no account shall be taken of any period not exceeding 8 consecutive weeks occurring on or after the date on which the claimant or his partner attained the age of 60 during which either ceased to be engaged in employment or the claimant ceased to be entitled to income support.