Paragraph 9 Excluded disposable capitalI1

United Kingdom

The following are excluded disposable capital—

(a)

a property which is the main or only dwelling occupied by the party;

(b)

any vehicle, the sale of which would leave the party, or their partner, without motor transport;

(c)

the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(d)

the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(e)

a jobseeker’s back to work bonus;

(f)

a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(g)

any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(h)

the capital held in any personal or occupational pension scheme;

(i)

any cash value payable on surrender of a contract of insurance;

(j)

any capital payment made out of the Independent Living Funds;

(k)

any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017^f1;

(l)

any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(m)

any student loan or student grant;

(n)

any compensation paid as a result of the Grenfell Tower fire;

(o)

any payments from the London Emergencies Trust^f2;

(p)

any payments from the National Emergencies Trust^f3;

(q)

any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(r)

any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(s)

any compensation paid under the Victims of Overseas Terrorism Compensation Scheme^f4;

(t)

any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020^f5;

(u)

any compensation paid under—

(i)

schemes established by the Criminal Injuries Compensation Act 1995^f6 or the Criminal Injuries Compensation (Northern Ireland) Order 2002^f7; or

(ii)

criminal injuries compensation schemes in operation before the commencement of the schemes mentioned in sub-paragraph (i);

(v)

any payments under—

(i)

the Armed Forces and Reserved Forces Compensation Scheme^f8;

(ii)

the Lambeth Children’s Homes Redress Scheme^f9;

(iii)

the Medomsley Detention Centre Physical Abuse Settlement Scheme^f10;

(iv)

the Miscarriage of Justice Compensation Scheme^f11;

(v)

the Jesus Fellowship Redress Scheme^f12;

(vi)

the Vaccine Damage Payment Scheme^f13;

(vii)

the We Love Manchester Emergency Fund^f14; and

(viii)

the following Infected Blood Support Schemes—

(aa)

the England Infected Blood Support Scheme^f15;

(bb)

the Infected Blood Payment Scheme for Northern Ireland^f16;

(cc)

the Scottish Infected Blood Support Scheme^f17;

(dd)

the Wales Infected Blood Support Scheme^f18; and

(ee)

the UK-wide Infected Blood Interim Compensation Payment Scheme^f19.

Annotations

Commencement

I1: Sch. 2 para. 9 in force at 1.4.2024, see art. 1(1)

Footnotes

f1: S.I. 2017/410; amended by S.I. 2023/134.
f2: The London Emergencies Trust is a registered charity (number 1172307).
f3: The National Emergencies Trust is a registered charity (number 1182809).
f4: The Victims of Overseas Terrorism Compensation Scheme is a statutory scheme established under section 48 of the Crime and Security Act 2010 (c. 17).
f5: 2020 c. 8.
f6: 1995 c. 53.
f7: S.I. 2002/796 (N.I. 1); relevant amendments are made by paragraph 39 of Schedule 4 to the Northern Ireland Act 2009 (c. 3) and S.I. 2010/976.
f8: The Armed Forces and Reserved Forces Compensation Scheme is a statutory scheme established under article 7 of S.I. 2011/517.
f9: The Lambeth Children’s Homes Redress Scheme is a statutory scheme established by the London Borough of Lambeth Council under section 1 of the Localism Act 2011 (c. 20).
f10: The Medomsley Detention Centre Physical Abuse Settlement Scheme is a scheme established by the Ministry of Justice and administered by HM Prison and Probation Service.
f11: The Miscarriage of Justice Compensation Scheme is a statutory scheme established under section 133 of the Criminal Justice Act 1988 (c. 33).
f12: The Jesus Fellowship Redress Scheme is a compensation scheme set up by the Jesus Fellowship Community Trust.
f13: The Vaccine Damage Payment Scheme is a statutory scheme established under section 1 of the Vaccine Damage Payments Act 1979 (c. 17).
f14: The We Love Manchester Emergency Fund is a registered charity (number 1173260).
f15: The England Infected Blood Support Scheme is a scheme administered by the National Health Service Business Services Authority on behalf of the Department of Health and Social Care.
f16: The Infected Blood Payment Scheme for Northern Ireland is a scheme administered by the Business Services Organisation on behalf of the Department of Health, Northern Ireland.
f17: The Scottish Infected Blood Support Scheme is a scheme administered by the Common Services Agency on behalf of the Scottish Government Health and Social Care Directorate.
f18: The Wales Infected Blood Support Scheme is a scheme administered by the Velindre National Health Service Trust and the National Health Service Wales Shared Services Partnership.
f19: The UK-wide Infected Blood Interim Compensation Payment Scheme is a scheme administered by the National Health Services Business Services Authority in England; the Velindre National Health Service Trust and the National Health Service Wales Shared Services Partnership in Wales; the Common Services Agency for the Scottish Health Service in Scotland; and the Regional Business Services Organisation in Northern Ireland.