PART 6Income and capital
CHAPTER 6Other income
Calculation of income other than earnings
39.—(1) For the purposes of regulation 31 (average weekly income other than earnings), the income of an applicant which does not consist of earnings to be taken into account is, subject to paragraphs (2) to (6), the applicant’s gross income and any capital treated as income under regulation 40 (capital treated as income).
(2) Any sum, where applicable, specified in Schedule 4 is to be disregarded when calculating an applicant’s gross income under paragraph (1).
(3) Where the payment of any benefit under the benefit Acts is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) is the gross amount payable.
(4) Where the applicant or any partner of the applicant is receiving a contributory employment and support allowance and that allowance has been reduced under regulation 63 of the Employment and Support Allowance Regulations(1) the amount of that allowance to be taken into account is the amount as if it had not been reduced.
(5) Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002(2) is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) is the amount of working tax credit or child tax credit awarded less the amount of that deduction.
(6) In paragraph (5), “tax year” means a period beginning on 6th April in one year and ending on 5th April in the next.
(7) Paragraphs (8) and (9) apply where—
(a)a relevant payment has been made to a person in an academic year; and
(b)the person abandons, or is dismissed from, the relevant course of study before payment is made of the final instalment of the relevant payment.
(8) Where a relevant payment is made quarterly, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (7) applies, is to be calculated by applying the formula—
where—
A = the total amount of the relevant payment which the person would have received had the person remained a student until the last day of the academic term in which the person abandoned, or was dismissed from, the relevant course of study, less any deduction under regulation 59(6) (treatment of student loans);
B = the number of reduction weeks from the reduction week immediately following that which includes the first day of that academic year to the reduction week which includes the day on which the person abandoned, or was dismissed from, the relevant course of study;
C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 59(2) (treatment of student loans)—
had the person not abandoned, or been dismissed from, the relevant course of study; and
in the case of a person who was not entitled to council tax reduction immediately before abandonment of or dismissal from the course of study, had the person, at that time, been entitled to housing benefit; and
D = the number of reduction weeks in the assessment period.
(9) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (7) applies, is to be calculated by applying the formula in paragraph (8) but as if—
A = the total amount of relevant payments which the person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 59(6) (treatment of student loans).
(10) In this regulation—
“assessment period” means—
in a case where a relevant payment is made quarterly, the period beginning with the reduction week which includes the day on which the person abandoned, or was dismissed from, the relevant course of study and ending with the reduction week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;
in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the reduction week which includes the day on which the person abandoned, or was dismissed from, the relevant course of study and ending with the reduction week which includes the earlier of—
the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued; or
the last day of the last quarter for which an instalment of the relevant payment was payable to the person;
“quarter” in relation to an assessment period means a period beginning on—
1st January and ending on 31st March;
1st April and ending on 30th June;
1st July and ending on 31st August; or
1st September and ending on 31st December; and
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 54(7) (calculation of grant income) or both.
(11) For the avoidance of doubt the following is income to be taken into account under paragraph (1)—
(a)any payment to which regulation 34(2) (payments which are not earnings of employed earners) applies; or
(b)in the case of an applicant who is receiving support under section 95 or 98 of the Immigration and Asylum Act(3), including support provided by virtue of regulations made under Schedule 9 to that Act(4), the amount of support provided in respect of essential living needs of the applicant and the applicant’s dependants (if any) as specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
Regulation 63 was amended by S.I. 2011/1349.
Section 95 was amended by section 50 of the Nationality, Immigration and Asylum Act 2002 (c.41).
Schedule 9 was amended by section 45 and section 50 of the Nationality, Immigration and Asylum Act 2002 (c.41).