^F29047 Requirement to take part in a work-focused health-related assessment¶

^F57348 Work-focused health-related assessment¶

^F39149 Notification of assessment¶

^F115350 Determination of the place of the work-focused health-related assessment¶

^F47451 Taking part in a work-focused health-related assessment¶

^F41952 Deferral of requirement to take part in a work-focused health-related assessment¶

^F36053 Failure to take part in a work-focused health-related assessment¶

54 Requirement to take part in a work-focused interview¶

55 Work-focused interview¶

56 Notification of interview¶

57 Taking part in a work-focused interview¶

^F59458 Action plan¶

59 Deferral of requirement to take part in a work-focused interview¶

60 Requirement to take part in a work-focused interview not to apply¶

61 Failure to take part in a work-focused interview¶

62 Contracting out certain functions relating to work-focused interviews¶

63 Reduction of employment and support allowance¶

64 Cessation of reduction¶

64A Hardship payments¶

64B Circumstances in which a claimant is to be treated as being in hardship¶

64C Matters to be taken into account in determining hardship¶

64D The amount of a hardship payment¶

65 Notification under this Part¶

66 Modifications of the Act¶

67 Prescribed amounts¶

68 Polygamous marriages¶

69 Special cases¶

^C1570 Special cases: supplemental – persons from abroad¶

71 Definition of non-dependant¶

72 Permanent health insurance¶

72A Financial Assistance Scheme¶

73 Councillor's allowance¶

74 Deductions for pension payment and PPF payment¶

75 Payments treated as not being payments to which section 3 applies¶

76 Deductions for councillor's allowance¶

77 Date from which payments are to be taken into account¶

78 Date from which a change in the rate of the payment takes effect¶

79 Calculation of payment made other than weekly¶

80 Effect of statutory maternity pay on a contributory allowance¶

81 Effect of statutory adoption pay on a contributory allowance¶

^F121882 Effect of additional statutory paternity pay on a contributory allowance¶

82A Effect of statutory shared parental pay on a contributory allowance¶

82B Effect of statutory neonatal care pay on a contributory allowance¶

83 Calculation of income and capital of members of claimant's family and of a polygamous marriage¶

84 Income of participants in the self-employment route¶

85 ^F1233... liable relative payments¶

^F114186 Child support¶

87 Calculation of income and capital of students¶

88 Calculation of income which consists of earnings of participants in exempt work¶

89 Calculation of income where pension payments, PPF periodic payments or councillor's allowance payable¶

90 Calculation of income¶

91 Calculation of earnings derived from employed earner's employment and income other than earnings¶

92 Calculation of earnings of self-employed earners¶

93 Date on which income is treated as paid¶

94 Calculation of weekly amount of income¶

95 Earnings of employed earners¶

96 Calculation of net earnings of employed earners¶

97 Earnings of self-employed earners¶

98 Calculation of net profit of self-employed earners¶

99 Deduction of tax and contributions for self-employed earners¶

100 Interpretation¶

101 Treatment of gross receipts of participants in the self-employment route¶

102 Calculation of income of participants in the self-employment route¶

103 Deduction in respect of tax for participants in the self-employment route¶

104 Calculation of income other than earnings¶

105 Capital treated as income¶

106 Notional income – deprivation and income on application¶

107 Notional income – income due to be paid or income paid to or in respect of a third party¶

108 Notional income – other income¶

109 Notional income – calculation and interpretation¶

110 Capital limit¶

111 Calculation of capital¶

112 Income treated as capital¶

113 Calculation of capital in the United Kingdom¶

114 Calculation of capital outside the United Kingdom¶

115 Notional capital¶

116 Diminishing notional capital rule¶

117 Capital jointly held¶

118 Calculation of tariff income from capital¶

119 Interpretation¶

• ^F628...
• “claimant” includes a young claimant;
• “claimant’s family” shall be construed in accordance with section 137 of the Contributions and Benefits Act (interpretation of part 7 and supplementary provisions);
• “housing costs” means those costs which may be met under paragraph 1(2) of Schedule 6;
• “liable relative” means—
  1. a spouse, former spouse, civil partner or former civil partner of a claimant or of a member of the claimant's family;
  2. a parent of a child or young person who is a member of the claimant's family or of a young claimant;
  3. a person who has not been adjudged to be the father of a child or young person who is a member of the claimant's family or of a young claimant where that person is contributing towards the maintenance of that child, young person or young claimant and by reason of that contribution the claimant may reasonably be treated as the father of that child, young person or young claimant;
  4. a person liable to maintain another person by virtue of section 78(6)(c) of the Administration Act (liability to maintain) where the latter is the claimant or a member of the claimant's family,
  and, in this definition, a reference to a child's, young person's or young claimant's parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;
• “ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms;
• “payment” means a periodical payment or any other payment made by or derived from a liable relative ^F679... but it does not include any payment—
  1. arising from a disposition of property made in contemplation of, or as a consequence of—
     1. an agreement to separate;
     2. any proceedings for judicial separation, divorce or nullity of marriage; or
     3. any proceedings for separation, dissolution or nullity in relation to a civil partnership;
  2. made after the death of the liable relative;
  3. made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and, in the case of a claimant who continues to be in receipt of an income-related allowance at the end of the period of 52 weeks, this provision is to continue to apply thereafter with the modification that any subsequent period of 52 weeks is to begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;
  4. made to a third party, or in respect of a third party, unless the payment is—
     1. in relation to the claimant or the claimant’s partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative; and
     2. ^F302... in respect of food, ordinary clothing or footwear, fuel, rent for which housing benefit is payable, housing costs to the extent that they are met under regulation 67(1)(c) or 68(1)(d) (housing costs), council tax or water charges;
  5. in kind;
  6. to, or in respect of, a child or young person who is to be treated as not being a member of the claimant's household under regulation 156 (circumstances in which a person is to be treated as being or not being a member of the same household);
  7. which is not a periodical payment, to the extent that any amount of that payment—
     1. has already been taken into account under this Part by virtue of a previous claim or determination;
     2. has been recovered under section 74 of the Administration Act ^F123 (income support and other payments) or is currently being recovered; or
     3. at the time the determination is made, has been used by the claimant except where the claimant has deprived himself or herself of that amount for the purpose of securing entitlement to an income-related allowance or increasing the amount of that allowance;
  8. to which paragraph 60 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) applies.
• “periodical payment” means—
  1. a payment which is made or is due to be made at regular intervals ^F358...;
  2. in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;
  3. any payment^F1200...that does not exceed the amount of an income-related allowance payable had that payment not been made;
  4. any payment representing a commutation of payments to which paragraph (a) or (b) of this definition applies whether made in arrears or in advance,
  but does not include a payment due to be made before the first benefit week pursuant to the claim which is not so made;
• “young claimant” means a person aged 16 or over but under 20 who makes a claim for an income-related allowance.

120 Treatment of ^F1192... liable relative payments¶

121 Disregard of payments treated as not relevant income¶

122 Period over which periodical payments are to be taken into account¶

123 Period over which payments other than periodical payments are to be taken into account¶

124 Calculation of the weekly amount of a ^F1215... liable relative payment¶

125 Date on which a ^F363... liable relative payment is to be treated as paid¶

^F1083126 Liable relative payments to be treated as capital¶

^F498127 ¶

^F498128 ¶

^F498129 ¶

^F498130 ¶

131 Interpretation¶