# The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025, Regulation 7: Amendment of the Employment and Support Allowance Regulations 2008


(1) The Employment and Support Allowance Regulations 2008 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “MFET Limited” insert—
““miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”;
(b) in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(3) In regulation 107(5A) (notional income – income due to be paid or income paid to or in respect of a third party) after sub-paragraph (e) insert—
“;
(f) a miscarriage of justice compensation payment.”.
(4) In regulation 112(8)(b) (income treated as capital) after paragraph (v) insert—
“;
(vi) miscarriage of justice compensation payment.”.
(5) In regulation 115(5A) (notional capital) after sub-paragraph (f) insert—
“;
(g) a miscarriage of justice compensation payment.”.
(6) In Schedule 6 (housing costs), in paragraph 19(8)(b), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”.
(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—
(a) in sub-paragraph (1A), after paragraph (e) insert—
“;
(f) miscarriage of justice compensation payment.”;
(b) in each of sub-paragraphs (2) to (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(8) In Schedule 9 (capital to be disregarded), in paragraph 27—
(a) in sub-paragraph (1A) for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
(b) in each of sub-paragraphs (2) to (5) and (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.

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Source: https://www.legislation.gov.uk/uksi/2025/778/regulation/7 (the official version)
Page: https://openlegislation.uk/social-security-income-and-capital-disregards-amendment-no-2-regulations-2025/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.