PART 2 Income for the purposes of tax credits

CHAPTER 5 Social Security Income

Social security income7

C21

The claimant’s social security income is the total amount payable—

a

under any provision of the Social Security Act 1988 M1, the Contributions and Benefits Act F11or the Jobseekers Act 1995 M2F11, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007 or under section 69 of the Child Support, Pensions and Social Security Act 2000 M3;

F2aa

under Part 3 of the Welfare Supplementary Payments Regulations (Northern Ireland) 2016 or Part 2 of the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016;

F9ab

under regulations made under section 28 of the Social Security (Scotland) Act 2018;

F25b

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

c

by the Secretary of State in respect of the non-payment of a payment which ought to have been made under a provision mentioned in sub-paragraph (a); F29...

F19ca

by the Scottish Ministers in respect of the non-payment of a payment which ought to have been made under the regulations mentioned in sub-paragraph (ab); and

d

by way of an ex gratia payment made by the Secretary of State, or in Northern Ireland by the F6Department for Communities, in connection with a benefit, pension or allowance under the Contributions and Benefits Act.

This is subject to the following provisions of this regulation.

2

Pensions under the Contributions and Benefits Act which are pension income by virtue of regulation 5(1)(a) are not social security income.

C13

In calculating the claimant’s social security income the payments in Table 3 shall be disregarded.

Table 3Payments under, or in connection with, the Act, the Social Security Act 1988, the Contributions and Benefits Act F14or the Jobseekers Act 1995F14, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007 disregarded in calculation of social security income

1.An attendance allowance under section 64 of the Contributions and Benefits Act M4.

2.A back to work bonus under section 26 of the Jobseekers Act 1995 M5.

F243 A bereavement support payment under section 30 of the Pensions Act 2014.

4.Child benefit under Part 2 of the Act.

5.A Christmas bonus under section 148 of the Contributions and Benefits Act.

6.Council tax benefit under section 131 of the Contributions and Benefits Act M6.

7.A disability living allowance under section 71 of the Contributions and Benefits Act.

8.Disabled person’s tax credit under section 129 of the Contributions and Benefits Act M7.

9.Any discretionary housing payment pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 M8.

10.An ex-gratia payment by the Secretary of State or, in Northern Ireland, the F4Department for Communities, to a person over pensionable age by way of supplement to incapacity benefit.

11.A guardian’s allowance under section 77 of the Contributions and Benefits Act.

12.Housing benefit under section 130 of the Contributions and Benefits Act.

13.Income support under section 124 of the Contributions and Benefits Act M9, unless it is chargeable to tax under F20section 665 of ITEPA.

14.Incapacity benefit which is—

(a)short term incapacity benefit payable at the lower rate; or

(b)payable to a person who had received invalidity benefit before 13th April 1995 if the period of incapacity for work is treated, by virtue of regulation 2 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 M10 (days to be treated as days of incapacity for work) as having begun before that date.

15.Industrial injuries benefit F22(except industrial death benefit) under section 94 of the Contributions and Benefits Act.

16.A contribution-based jobseeker’s allowance under the Jobseekers Act 1995 F10as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions, to the extent that it exceeds the maximum contained in F8section 674 of ITEPA.

17.An income-based jobseeker’s allowance under the Jobseekers Act 1995.

18.A maternity allowance under section 35 F7or section 35B of the Contributions and Benefits Act M11.

19.A severe disablement allowance under section 68 or 69 of the Contributions and Benefits Act M12.

20.A social fund payment under Part 8 of the Contributions and Benefits Act.

F1620A. Statutory adoption pay under Part 12ZB of the Contributions and Benefits Act.

21.Statutory maternity pay under Part 12 of the Contributions and Benefits Act M13.

F1321A. F23F1... Statutory paternity pay F12...F26... under Part 12ZA of the Contributions and Benefits Act.

F2721B Statutory shared parental pay under Part 12ZC of the Contributions and Benefits Act.

F1821C Statutory parental bereavement pay under Part 12ZD of the Contributions and Benefits Act.

22.Statutory sick pay under Part 11 of the Contributions and Benefits Act.

23.Working families’ tax credit under section 128 of the Contributions and Benefits Act M14.

24.A payment by way of compensation for the non-payment of, or in respect of loss of entitlement (whether wholly or partly) of, income support, jobseeker’s allowance, F3or housing benefit .

25.A payment in lieu of milk tokens or the supply of vitamins under the Welfare Foods Regulations 1996 M15.

F2826.An income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.

F1727. A payment by way of health in pregnancy grant made pursuant to Part 8A of the Contributions and Benefits Act.

F1528. Personal independence payment under Part 4 of the Welfare Reform Act 2012.

4

If an increase in respect of a child dependant is payable with an allowance, benefit, pension or other payment (“the main payment”) listed in Table 3, the increase shall also be wholly disregarded in calculating the income of the recipient of the main payment.

F215

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

F55A

From the amount of social security income, calculated in accordance with the preceding provisions of this regulation, there shall be deducted any amount deductible for income tax purposes in computing social security income (as defined in ITEPA) under section 713 of ITEPA.

6

A reference in this regulation to an enactment applying only in Great Britain includes a reference to a corresponding enactment applying in Northern Ireland.