Subject to paragraph (2), except where a claimant possesses capital which is disregarded under regulation 37(4) (notional capital), where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Chapter shall apply for the purpose of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

Any premises or land not wholly owned by the claimant shall be disregarded for such period as is reasonable in the circumstances in order to determine the exact nature and value of the claimant’s interest.