Calculation of income other than earningsE+W+S
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 [F1(2) to (3A)], be his gross income and any capital treated as income under regulations F2... 41 and 44 (F2... 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 F3 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.
[F4(3A) Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 [F5or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990] and that person ceases to be a student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 66A shall be taken into account under paragraph (1) for each week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a student; but in determining the weekly amount apportionable under paragraph (2) of regulation 66A so much of that paragraph as provides for a disregard shall not have effect.]
(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) substituted (1.9.1990) by The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 5(4)(a) (with reg. 7(1))
F2Words 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
F3The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).
F4Reg. 40(3A) inserted (1.9.1990) by The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 5(4)(b) (with reg. 7(1))
F5Words in reg. 40(3A) inserted (13.3.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(a), 9 (with reg. 1(2))
Commencement Information
I1Reg. 40 in force at 11.4.1988, see reg. 1