Paragraph 12

F1—(1) 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 F27, 9, F310, 72A, F480, 81 F582, 84 or 85 of Schedule 7 (other income to be disregarded);

(b)

F6an income-based jobseeker’s allowance or an income-related benefit under Part VII of the Benefits Act F7, F8... child tax credit, working tax credit F9, universal credit F10or an income-related employment and support allowance;

F11(c)

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

F12(d)

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

F13(e)

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

F14(f)

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

F15(g)

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 Benefits Act,

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

F16(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—

(F17a)

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 an income-based jobseeker’s allowance, for the remainder of that award if that is a longer period.

(3)

For the purposes of sub-paragraph (2), “the award of an income-based jobseeker’s allowance” means—

(a)

the award either of an income-based jobseeker’s allowance F18, income support or of an income-related employment and support allowance 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 either of an income-based jobseeker’s allowance , income support or of an income-related employment and support allowance 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.

Annotations

Textual amendments

F1: Words in Sch. 8 para. 12 inserted (14.10.2002) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 3(c)
F2: Words in Sch. 8 para. 12(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. 4(3)
F3: Words in Sch. 8 para. 12(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), 10(3)
F4: Words in Sch. 8 para. 12(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), 12(3)
F5: Words in Sch. 8 para. 12(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), 12(5)(a)
F6: Words in Sch. 8 para. 12(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(2), 3(11)(a)
F7: Words in Sch. 8 para. 12(b) inserted (for specified purposes and with effect in accordance with reg. 1(9) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 24(a)
F8: Words in Sch. 8 para. 12(1)(b) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(17)(a)
F9: Words in Sch. 8 para. 12(1)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(9)
F10: Words in Sch. 8 para. 12(1)(b) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(29)(a)
F11: Sch. 8 para. 12(1)(c) omitted (4.4.2005) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 6(6)
F12: Sch. 8 para. 12(d) added (2.7.2001) by The Social Security Amendment (Discretionary Housing Payments) Regulations 2001 (S.I. 2001/2333), regs. 1(1), 2(2)(d)
F13: Sch. 8 para. 12(1)(e) 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), 14(3)(a)
F14: Sch. 8 para. 12(1)(f) inserted (31.10.2019) by The Social Security (Capital Disregards) (Amendment) Regulations 2019 (S.I. 2019/1314), regs. 1, 3(2)(b)
F15: Sch. 8 para. 12(1)(g) 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), 12(5)(b)
F16: Sch. 8 para. 12(2)(3) added (14.10.2002) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 3(c)
F17: Sch. 8 para. 12(2)(a) substituted (11.9.2018) by The Social Security (Treatment of Arrears of Benefit) Regulations 2018 (S.I. 2018/932), regs. 1, 3
F18: Words in Sch. 8 para. 12(3) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(29)(b)

Notes on the whole SI

Textual amendments

F1: 1995 c.18.
F2: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
F3: 1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
F4: 1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
F5: See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).

Notes on Schedule 8

Modifications

C1: Sch. 8 modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 17