Calculation of income other than earningsE+W+S
40.—(1) For the purposes of regulation 29 (calculation of income other than earnings) the income of a claimant which does not consist of earnings to be taken into account shall, subject to paragraphs (2) and (3), be his gross income and any capital treated as income under regulations 24(3), 41 and 44 (treatment of charitable and voluntary payments, capital treated as income and modifications in respect of children and young persons).
(2) There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 9.
(3) Where the payment of any benefit under the benefit Acts F1 is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.
(4) For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1) any payment to which regulation 35(2) or 37(2) (payments not earnings) applies.
Textual Amendments
F1The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).
Commencement Information