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The Housing Benefit Regulations 2006
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- UK Statutory Instruments
- 2006 No. 213
- PART 6
- SECTION 6
- Regulation 46
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Income treated as capitalE+W+S
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46.—(1) Any bounty derived from employment to which paragraph 8 of Schedule 4 applies and paid at intervals of at least one year shall be treated as capital.
(2) 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 35(1)(d) (earnings of employed earners) shall be treated as capital.
(4) Except any income derived from capital disregarded under paragraphs 1, 2, 4, 8, 14 [F1, 25 to 28, 45 or 46] of Schedule 6, 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) 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) Any charitable or voluntary payment which is not made or due to be made at regular intervals, [F2other than a Grenfell Tower payment [F3, a child abuse payment, a Windrush payment [F4, a Post Office compensation payment]] or a payment which] is made under [F5or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust [F6, MFET Limited] [F7, the Skipton Fund, the Caxton Foundation] [F8, the Scottish Infected Blood Support Scheme] [F9, an approved blood scheme] [F10, the London Emergencies Trust, the We Love Manchester Emergency Fund] [F11, the National Emergencies Trust] [F12, the Victims of Overseas Terrorism Compensation Scheme] or the Independent Living [F13Fund (2006)], shall be treated as capital.
(7) There shall be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under the self-employment route, but only in so far as those receipts were payable into a special account F14... during the period in which that person was receiving such assistance.
(8) Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.
(9) Any arrears of working tax credit or child tax credit shall be treated as capital.
Textual Amendments
F1Words in reg. 46(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. 15(2)
F2Words in reg. 46(6) substituted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 5(4)(a)
F3Words in reg. 46(6) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 5(4)
F4Words in reg. 46(6) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 5(4)
F5Words in reg. 46(6) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(3)(a), 8(5)(b)
F6Words in reg. 46(6) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(3)(a), 8(3)(c)
F7Words in reg. 46(6) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 19(5)
F8Words in reg. 46(6) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 6(3)(b)
F9Words in reg. 46(6) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 6(3)(b)
F10Words in reg. 46(6) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 6(3)(b)
F11Words in reg. 46(6) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 5(4)(b)
F12Words in reg. 46(6) 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), 6(3)(a)
F13Words in reg. 46(6) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 6(4)(b)
F14Words in reg. 46(7) omitted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(3)(a), 8(6)
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