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110.—(1) Any bounty derived from employment to which paragraph 9 of Schedule 6 applies and paid at intervals of at least one year shall be treated as capital.
(2) Except in the case of an amount to which section 15(2)(c)(i) (refund of tax in trade dispute cases) applies, any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.
(3) Any holiday pay which is not earnings under regulation 98(1)(c) (earnings of employed earners) shall be treated as capital.
(4) Except any income derived from capital disregarded under paragraphs 1, 2, 4 to 8, 11 [F1, 17, 42 or 43] of Schedule 8, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant’s account.
(5) Subject to paragraph (6), in the case of employment as an employed earner, any advance of earnings or any loan made by the claimant’s employer shall be treated as capital.
(6) Paragraph (5) shall not apply to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).
(7) Any payment under section 30 of the Prison Act 1952 F2 (payments for discharged prisoners) or allowance under section 17 of the Prisons (Scotland) Act 1989 F3 (allowances to prisoners on discharge) shall be treated as capital.
(8) [F4Any payment made by a local authority which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 F5 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) or under section 50 of the Children Act 1975 F6 (contributions to a custodian towards the cost of accommodation and maintenance of a child) [F7or any payment, made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance),] shall be treated as capital.]
(9) Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.
(10) This paragraph applies to a payment–
(a)which is made to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes);
[F8(ab)which is a Grenfell Tower payment;]
[F9(ac)which is a child abuse payment;]
[F9(ad)which is a Windrush payment; F10...]
[F11(ae)which is a Post Office compensation payment;]
(b)[F12to which regulation 106(2) (modifications in respect of children and young persons) applies; or]
(c)which is made under [F13or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust [F14, MFET Limited] [F15, the Skipton Fund, the Caxton Foundation] [F16, the Scottish Infected Blood Support Scheme] [F17, an approved blood scheme] [F18, the London Emergencies Trust, the We Love Manchester Emergency Fund] [F19, the National Emergencies Trust] [F20, the Victims of Overseas Terrorism Compensation Scheme] or the Independent Living [F21Fund (2006)].
[F22(11) Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.]
Textual Amendments
F1Words in reg. 110(4) substituted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(6)
F21952 c.52; section 30 was substituted by section 66(3) of the Criminal Justice Act 1967 (c.80).
F4Reg. 110(8) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 12
F7Words in reg. 110(8) inserted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 14(2)
F8Reg. 110(10)(ab) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(4)(a)
F9Reg. 110(10)(ac)(ad) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 3(4)(b)
F10Word in reg. 110(10)(ad) omitted (9.7.2023) by virtue of The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 3(4)(a)
F11Reg. 110(10)(ae) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 3(4)(b)
F12Reg. 110(10)(b) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 12
F13Words in reg. 110(10)(c) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(8)(b)
F14Words in reg. 110(10)(c) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(c)
F15Words in reg. 110(10)(c) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)
F16Words in reg. 110(10)(c) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(b)
F17Words in reg. 110(10)(c) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(b)
F18Words in reg. 110(10)(c) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(b)
F19Words in reg. 110(10)(c) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(4)(b)
F20Words in reg. 110(10)(c) inserted (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 4(3)(a)
F21Words in reg. 110(10)(c) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(a)
F22Reg. 110(11) added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 3(2)(d)
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