The Income Support (General) Regulations 1987

Treatment of charitable or voluntary payments E+W+S

24.—(1) Subject to paragraph (5), any charitable or voluntary paymentF1 ... made to the claimant on or after the date of claim shall be calculated in accordance with the following provisions of this regulation; and for the purposes of this regulation any such payment made to a member of the claimant's family or to a person whose income and capital he is treated aspossessing under regulation 23(3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) shall be treated as a payment made to the claimant and shall be disregarded in calculating the income or capital of that member or that person.

(2) The first £250, whether in aggregate or otherwise, of any such payments made in the period of 52 weeks beginning with the first day of the benefit week in which the first payment is made shall be taken into account under Chapter VI of this Part as capital and to the extent that it is not a payment of capital shall be treated as capital.

(3) Any such payments in the period of 52 weeks in excess of £250 shall be taken into account under Chapter V of this Part as income and to the extent that it is not a payment of income shall be treated as income.

(4) In the case of a claimant who continues to be in receipt of income support at the end of the period of 52 weeks, the foregoing provisions of this regulation shall continue to apply thereafter with the modification that any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks.

[F2 (5) This regulation shall not apply—

(a) to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work) or to a member of his family;

(b) to a payment—

(i) which is or is due to be made at regular intervals;

(ii) to which regulation 44(2) (modifications in respect of children and young persons) applies; or

(iii) made under the Macfarlane Trust [F3 or the Independent Living Fund].]

Textual Amendments

F1 Words in reg. 24(1) omitted (11.4.1988) by virtue of The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 12(a)

F2 Reg. 24(5) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 12(b)

F3 Words in reg. 24(5)(b)(iii) inserted (9.6.1988) by The Family Credit and Income Support (General) Amendment Regulations 1988 (S.I. 1988/999), regs. 1(1), 5(a)

Commencement Information

I1 Reg. 24 in force at 11.4.1988, see reg. 1