Version Superseded: 01/09/1990
Point in time view as at 12/12/1988. This version of this provision has been superseded.
The Income Support (General) Regulations 1987, Section 40 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
40.—(1) For the purposes of regulation 29 (calculation of income other than earnings) the income of a claimant which does not consist of earnings to be taken into account shall, subject to paragraphs (2) and (3), be his gross income and any capital treated as income under regulations F1... 41 and 44 (F1... capital treated as income and modifications in respect of children and young persons).
(2) There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 9.
(3) Where the payment of any benefit under the benefit Acts F2 is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.
(4) For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1) any payment to which regulation 35(2) or 37(2) (payments not earnings) applies.
Textual Amendments
F1Words in reg. 40(1) omitted (12.12.1988) by virtue of The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 9
F2The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).
Commencement Information
I1Reg. 40 in force at 11.4.1988, see reg. 1
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