Social Welfare and Pensions Act 2010

Carer’s allowance — assessment of means.

10.— Part 5 (amended by section 8 of the Social Welfare and Pensions Act 2008 ) of Schedule 3 to the Principal Act is amended—

(a) in paragraph (5) of Rule 1 by inserting “any benefit, pension, assistance, allowance or supplement under this Act or” after “other than means derived from”,

(b) by inserting the following Rules after Rule 1:

“1A. In the case of carer’s allowance, in calculating the weekly means of a carer who is not one of a couple the following shall be disregarded—

(a) an amount, not exceeding the maximum amount set out in column (2) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state, and

(b) an amount, not exceeding the maximum amount set out in column (4) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state in respect of each qualified child for whom an increase is granted under section 181(1).

1B. In Rules 1, 1A and 4, ‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife.”,

(c) in Rule 4, by substituting the following paragraph for paragraph (2):

“(2) In the case of carer’s allowance, in calculating the weekly means of a couple the following shall be disregarded—

(a) an amount, not exceeding the maximum amount set out in column (2) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state, and

(b) an amount, not exceeding half the amount set out in column (4) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state in respect of each qualified child for whom an increase is granted under section 181(1).”,

(d) in Rule 4(3), by inserting “any benefit, pension, assistance, allowance or supplement under this Act or” after “other than means derived from”, and

(e) by deleting Rule 4(4).