Exemptions to the benefit cap

Can someone confirm whether Industrial Injuries Benefits is an exemption to the benefit cap - or whether the benefit is excluded as income towards the benefit cap.

I have a letter from DWP which includes this benefit as an exemption to the benefit cap; however, CPAG’s book doesn’t and my interpretation of information provided in the Disability Rights Handbook is that it will probably not count as income.

Any ideas?

From the Draft UC Regs

“Exceptions: entitlement or receipt of certain benefits and other circumstances BC3
72.
—(1) The benefit cap does not apply where—
...(b)
a claimant is receiving industrial injuries benefit under Part 5 of the Social Security Contributions and Benefits Act 1992;”

Hi,

Paragraph 72 of the Universal Credit Regulations 2012 states the following:

72. The benefit cap does not apply where -

(b) a claimant is receiving industrial injuries benefit under part 5 of the Social Security Contributions and Benefits Act 1992.

Hope this helps

Great minds hkrishna!

Looks like the same will also be true for the HB Cap from April (but these are all still draft regs, of course)

(from http://www.dwp.gov.uk/docs/hb-benefit-cap-draft-regs-2012.pdf )

Exceptions to the benefit cap
75E.—(1) The benefit cap does not apply where—
..
(d) the claimant or the claimant’s partner is receiving an industrial injuries benefit by virtue of Part 5 of
the Act [SSCBA 1992];
..

My understanding is that this was a hard-won concesssion after lobbying by the TUC

Oh, and it isn’t in the list of benefits counted as income in Reg 61 as far as I can see.