I'm having some difficulty finding the disregards for income and capital that used to exist at paragraph 58 of Schedule 9, and paragraph 67 of Schedule 10, in respect of community care direct payments that are made by the LA to a disabled person to buy their own services.

These paragraph were amended from 9th April 2009 to remove the out of date reference to the 1996 Community Care Act, but they have not been amended to show the correct legal reference, nor does it appear that there is any new paragraph added to either schedule.

Thanks

Brian

Now have the answer to my own query, thanks to help from local appeals officer at JCP. I had misread paragraph 67 of Schedule 10 (disregard of capital), which does still contain the disregard (any payment made under regulations made under section 57 of the Health and Social Care Act 2001).

Paragraph 58 of Schedule 9 (disregard of income other than earnings) was amended by SI 762/2003 to include any payment made under regulations made under section 57 of the Health and Social Care Act 2001 but for some reason, the Blue Law Volumes do not appear to have been updated. This error of omission is included in the latest copy of Sweet and Maxwell's Social Security Legislation 2009/10 Volume II

Brian