Income and capital
3.—(1) There shall be inserted as–
(a)regulation 42(5A) of the Income Support Regulations (notional income);
(b)regulation 105(11A) of the Jobseeker’s Allowance Regulations,
the following paragraph–
“Where the amount of a subsistence allowance paid to a claimant in a benefit week is less than the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, he shall be treated as possessing the amount which is equal to the amount of income-based jobseeker’s allowance which he would have received in that week, less 50p.”.
(2) There shall be added as–
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)regulation 48(12) of the Income Support Regulations;
(d)regulation 110(11) of the Jobseeker’s Allowance Regulations,
the following paragraph–
“Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.”.
(3) There shall be added respectively as–
(a)paragraphs 71 and 72 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings);
(b)paragraph 68 and 69 of Schedule 7 to the Jobseeker’s Allowance Regulations;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the following paragraphs–
“Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.
In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise.”.
(4) There shall be added respectively as–
(a)paragraphs 58 and 59 of Schedule 10 to the Income Support Regulations (capital to be disregarded);
(b)paragraphs 53 and 54 of Schedule 8 to the Jobseeker’s Allowance Regulations;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the following paragraphs–
“In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.
Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.”.