Anyone got a link to legislation showing COL is disregarded for UC purposes?

blacklight

Hi all

Anyone got a link to any legislation showing that COL payments are disregarded for UC capital purposes please?

Thanks all

Kimi87

https://data.parliament.uk/DepositedPapers/Files/DEP2024-0442/025.Capital_disregards_V26.0.pdf

Found these posted on another forum:

https://www.legislation.gov.uk/ukpga/2022/38

https://www.legislation.gov.uk/ukpga/2023/7

Personally I found the pdf easier to understand!

chiarieds

Hi @blacklight - as Kimi says you can see this on p7: https://data.parliament.uk/DepositedPapers/Files/DEP2023-0365/025_Capital_disregards_V22-0.pdf

It's disregarded so long as your capital hasn't ever been lower in part (only the amount remaining would be disregarded) or totally (when there'd be no disregard) lower than the amount of any CoL payments received.

blacklight

Thanks both so very much.

Yes the PDF one is the best.

I too have seen the two other ones Kimi mentioned a few times and don't know why those two have been brought up to show the Cost Of Living payments are also disregarded and no time limit is set to that as I've gone though both documents and cant find anything about the COL even though I've seen them brought up loads and loads.

chiarieds

Hi @blacklight - with apologies as I keep forgetting to check if someone has answered before I post (& I'm slow to type) & missed that Kimi had edited her post; I was just trying to give a link. I knew I'd seen it somewhere before, but then I couldn't remember where!

The Social Security regs don't help at all as they haven't been updated to say these CoL payments should be disregarded, so I think the pdf we both ended up posting is the only link that specifically says these are disregarded, so you are quite correct that the regs don't help @blacklight

blacklight

Thanks yes the PDF is very specific in saying the COL payments are indefinitely disregarded.

II've Read many times in different forums that within these 2 links, especially number 8 that COL payments are disregarded unless the acts are changed.

https://www.legislation.gov.uk/ukpga/2022/38 & https://www.legislation.gov.uk/ukpga/2023/7

"payments to be disregarded for the purposes of tax and social security

No account is to be taken of an additional payment in considering a person’s—

(a)liability to tax,

(b)entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or

(c)entitlement to a tax credit."

all that matters are the two Acts and as long as number 8 remains unamended the the CoL payments are disregarded.

This is what I have read many times by different sources. I do not actually understand it though as I know I am not that intelligent but obviously it is correct even though I don't understand it. I wish I did. The reason I don't understand it is because it doesn't mention UC in that act but somehow it must be relevant to COL, but how, this is what I dont understand?.