The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025

• Citation: S.I. 2025/44
• Sections: 10

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 and come into force on 28th February 2025.

(2) These Regulations extend to England and Wales and Scotland.

Section 2 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “last day of the course” insert—

“ LGBT Financial Recognition Scheme payment ” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

(b) in the definition of “qualifying person” for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(3) In regulation 42(4ZB) (notional income) for sub-paragraphs (c) and (d) substitute—

(c) a Windrush payment;

(d) a Post Office compensation payment;

(e) an LGBT Financial Recognition Scheme payment.

(4) In regulation 48(10) (income treated as capital) after sub-paragraph (ae) insert—

(af) which is an LGBT Financial Recognition Scheme payment;

(5) In regulation 51(3B) (notional capital) for sub-paragraphs (c) to (e) substitute—

(c) a Windrush payment;

(d) a Post Office compensation payment;

(e) a vaccine damage payment;

(f) an LGBT Financial Recognition Scheme payment.

(6) In Schedule 3 (housing costs), in paragraph 18(8)(b), for “or Post Office compensation payment” substitute “, Post Office compensation payment or LGBT Financial Recognition Scheme payment” .

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 39—

(a) in sub-paragraph (1A) for paragraphs (c) and (d) substitute—

(c) Windrush payment;

(d) Post Office compensation payment;

(e) LGBT Financial Recognition Scheme payment.

(b) in each of sub-paragraphs (2) to (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(8) In Schedule 10 (capital to be disregarded), in paragraph 22—

(a) in sub-paragraph (1A) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment” ;

(b) in each of sub-paragraphs (2) to (5) and (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

Section 3 Amendment of the Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3) (citation, commencement, interpretation and application)—

(a) after the definition of “last day of the course” insert—

“ LGBT Financial Recognition Scheme payment ” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

(b) in the definition of “qualifying person” for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(3) In regulation 105(10A) (notional income) for sub-paragraphs (ac) to (ae) substitute—

(ac) which is a child abuse payment;

(ad) which is a Windrush payment;

(ae) which is a Post Office compensation payment;

(af) which is an LGBT Financial Recognition Scheme payment;

(4) In regulation 110(10) (income treated as capital) after sub-paragraph (ae) insert—

(af) which is an LGBT Financial Recognition Scheme payment;

(5) In regulation 113(3B) (notional capital) for sub-paragraphs (c) to (e) substitute—

(c) a Windrush payment;

(d) a Post Office compensation payment;

(e) a vaccine damage payment;

(f) an LGBT Financial Recognition Scheme payment.

(6) In Schedule 2 (housing costs), in paragraph 17(8)(b), for “or Post Office Compensation payment” substitute “, Post Office compensation payment or LGBT Financial Recognition Scheme payment” .

(7) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—

(a) in sub-paragraph (1A), for paragraphs (c) and (d) substitute—

(c) Windrush payment;

(d) Post Office compensation payment;

(e) LGBT Financial Recognition Scheme payment.

(b) in each of sub-paragraphs (2) to (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(8) In Schedule 8 (capital to be disregarded), in paragraph 27—

(a) in sub-paragraph (1A) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment” ;

(b) in each of sub-paragraphs (2) to (5) and (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

Section 4 Amendment of the Social Security (Recovery of Benefits) Regulations 1997

(1) The Social Security (Recovery of Benefits) Regulations 1997 are amended as follows.

(2) In regulation 2(2) (exempted trusts and payments) after sub-paragraph (t) insert—

;

(u) any payment that is made under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence.

Section 5 Amendment of the State Pension Credit Regulations 2002

(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “the Independent Living Fund (2006)” insert—

“ LGBT Financial Recognition Scheme payment ” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

(b) in the definition of “qualifying person” for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(3) In Schedule 2 (housing costs), in paragraph 14(8), after paragraph (bd) insert—

(be) any LGBT Financial Recognition Scheme payment;

(4) In Schedule 5 (income from capital), in paragraph 15—

(a) in sub-paragraph (1A) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment” ;

(b) in each of sub-paragraphs (2) to (5) and (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

Section 6 Amendment of the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “Jobseeker’s Allowance Regulations” insert—

“ LGBT Financial Recognition Scheme payment ” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

(b) in the definition of “qualifying person” for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(3) In regulation 42(7A) (notional income) for sub-paragraphs (c) and (d) substitute—

(c) a Windrush payment;

(d) a Post Office compensation payment;

(e) an LGBT Financial Recognition Scheme payment.

(4) In regulation 46(6) (income treated as capital) after “a Post Office compensation payment” insert “, an LGBT Financial Recognition Scheme payment” .

(5) In regulation 49(4A) (notional capital) for sub-paragraphs (c) to (e) substitute—

(c) a Windrush payment;

(d) a Post Office compensation payment;

(e) a vaccine damage payment;

(f) an LGBT Financial Recognition Scheme payment.

(6) In regulation 74(9) (non-dependant deductions) after sub-paragraph (bd) insert—

(be) any LGBT Financial Recognition Scheme payment;

(7) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), in paragraph 35—

(a) in sub-paragraph (1A) for paragraphs (c) and (d) substitute—

(c) Windrush payment;

(d) Post Office compensation payment;

(e) LGBT Financial Recognition Scheme payment.

(b) in each of sub-paragraphs (2) to (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(8) In Schedule 6 (capital to be disregarded), in paragraph 24—

(a) in sub-paragraph (1A) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment” ;

(b) in each of sub-paragraphs (2) to (5) and (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

Section 7 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “Jobseeker’s Allowance Regulations” insert—

“ LGBT Financial Recognition Scheme payment ” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

(b) in the definition of “qualifying person” for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(3) In regulation 55(10) (non-dependant deductions) after sub-paragraph (bd) insert—

(be) any LGBT Financial Recognition Scheme payment;

(4) In Schedule 6 (capital to be disregarded), in paragraph 16—

(a) in sub-paragraph (1A) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment” ;

(b) in each of sub-paragraphs (2) to (5) and (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

Section 8 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 “last day of the course” insert—

“ LGBT Financial Recognition Scheme payment ” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

(b) in the definition of “qualifying person” for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(3) In regulation 107(5A) (notional income – income due to be paid or income paid to or in respect of a third party) for sub-paragraphs (c) and (d) substitute—

(c) a Windrush payment;

(d) a Post Office compensation payment;

(e) an LGBT Financial Recognition Scheme payment.

(4) In regulation 112(8)(b) (income treated as capital) for paragraphs (iii) and (iv) substitute—

(iii) Windrush payment;

(iv) Post Office compensation payment;

(v) LGBT Financial Recognition Scheme payment.

(5) In regulation 115(5A) (notional capital) for sub-paragraphs (c) to (e) substitute—

(c) a Windrush payment;

(d) a Post Office compensation payment;

(e) a vaccine damage payment;

(f) an LGBT Financial Recognition Scheme payment.

(6) In Schedule 6 (housing costs), in paragraph 19(8)(b), for “or Post Office compensation payment” substitute “, Post Office compensation payment or LGBT Financial Recognition Scheme 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), for paragraphs (c) and (d) substitute—

(c) Windrush payment;

(d) Post Office compensation payment;

(e) LGBT Financial Recognition Scheme payment.

(b) in each of sub-paragraphs (2) to (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

(8) In Schedule 9 (capital to be disregarded), in paragraph 27—

(a) in sub-paragraph (1A) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment” ;

(b) in each of sub-paragraphs (2) to (5) and (6) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment” .

Section 9 Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

(1) The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 are amended as follows.

(2) In regulation 7(2) (exempted trusts and payments) after sub-paragraph (q) insert—

;

(r) any payment that is made under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence.

Section 10 Amendment of the Universal Credit Regulations 2013

(1) The Universal Credit Regulations 2013 are amended as follows.

(2) In regulation 76(1A) (special schemes for compensation etc.)—

(a) omit the “or” after sub-paragraph (b);

(b) omit the “or” after sub-paragraph (e);

(c) after sub-paragraph (f) insert—

; or

(g) the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence.