The Jobseeker’s Allowance Regulations 1996

Changes over time for: Section 116

Alternative versions:

Status:

Point in time view as at 14/12/2022.

Changes to legislation:

There are currently no known outstanding effects for the The Jobseeker’s Allowance Regulations 1996, Section 116.

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Calculation of tariff income from capital

116.—(1) [F1Except in a case to which paragraph F2...(1B) applies,] where the claimant’s capital calculated in accordance with this Part exceeds [F3£6,000] it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of [F3£6,000] but not exceeding [F4£16,000].

F5(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(1A) In the case of a claimant to whom paragraph (1B) applies and whose capital calculated in accordance with Chapter VI of Part VIII exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.

(1B) This paragraph applies where the claimant lives permanently in—

[F7(a)a care home or an independent hospital;]

[F7(b)an Abbeyfield Home;]

(c)accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care [F8by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home].

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C) For the purpose of paragraph (1B), a claimant shall be treated as living permanently in such home[F10, hospital] or accommodation where he is absent—

[F11(a)from a home[F10, hospital] or accommodation referred to in sub-paragraph (a) [F12or (b)] of paragraph (1B) for a period not exceeding 13 weeks;]

(b)from accommodation referred to in sub-paragraph (c) of paragraph (1B), but intends, with the agreement of the manager of the accommodation, to return to the accommodation in due course.]

(2) Notwithstanding [F13paragraphs (1)F14... and (1A)], where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.

(3) For the purposes of [F13paragraphs (1)F14... and (1A)], capital includes any income treated as capital under regulations 110 and 124 (income treated as capital and liable relative payments treated as capital).

F15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 116(1) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 12(a)

F2Words in reg. 116(1) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(b), 3(6)(a)(i)

F3Words in reg. 116(1) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(b), 3(6)(a)(ii)

F4Word in reg. 116(1) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(b), 3(6)(a)(iii)

F5Reg. 116(1ZA) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(b), 3(6)(b)

F6Reg. 116(1A)-(1C) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 12(b)

F7Reg. 116(1B)(a)(b) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 6(a)(i)

F8Words in reg. 116(1B)(c) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseekers Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(5)(6)(b)

F9Reg. 116(1B)(d) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 6(a)(ii)

F10Word in reg. 116(1C) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 6(b)(i)