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Exemptions from the cap

Benefit cap

You are exempt from the cap if you or anyone in your household (a partner or dependent child or qualifying young person) get any of the following:

  • Armed Forces Compensation scheme guaranteed income payment;

  • armed forces independence payment;

  • attendance allowance;

  • carer’s allowance;

  • disability living allowance;

  • guardian’s allowance;

  • housing benefit - if you are living in specified’ accommodation;

  • industrial injuries benefits;

  • personal independence payment;

  • war pension; or

  • war widow's or widower’s pension

You are also exempt from the cap if you or your partner get:

  • the employment and support allowance support component; or

  • working tax credit (this will still apply if you work enough hours to qualify for working tax credit but are not paid it because your income is too high).

The cap will also not apply if you have reached pension age unless you or your partner are continuing to claim income support, income-related employment and support allowance or income-based jobseeker’s allowance.

The ‘grace period’

There is a 'grace period' of 39 weeks, when you will not be capped, if you (or your partner) were working for 50 out of the 52 weeks immediately before your last day of work. You must not have been claiming employment and support allowance, jobseeker’s allowance or income support while you were working.

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