118.—(1) Except where the circumstances prescribed in paragraph (3) apply to the claimant, where the claimant’s capital calculated in accordance with this Part exceeds £6,000 it is to be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.
(2) Where the circumstances prescribed in paragraph (3) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it is to be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
(3) For the purposes of paragraph (2) the prescribed circumstances are that the claimant lives permanently in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital.
(4) For the purposes of paragraph (3), a claimant is to be treated as living permanently in such home or hospital where the claimant is absent from a home or hospital referred to in that paragraph—
(a)in the case of a claimant over pensionable age, for a period not exceeding 52 weeks; and
(b)in any other case, for a period not exceeding 13 weeks.
(5) Notwithstanding paragraphs (1) and (2), where any part of the excess is not a complete £250 that part is to be treated as equivalent to a weekly income of £1.
(6) For the purposes of paragraphs (1) and (2), capital includes any income treated as capital under [F1regulation 112 (income treated as capital)] .
Textual Amendments
F1Words in reg. 118(6) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(15)
Commencement Information