C2PART VINCOME AND CAPITAL

Annotations:
Modifications etc. (not altering text)

C2C1CHAPTER VIcapital

Annotations:
Modifications etc. (not altering text)

Income treated as capitalI148

1

Any F6... bounty derived from employment to which paragraph 7 of Schedule 8 applies F5and paid at intervals of at least one year shall be treated as capital.

2

Except in the case of an amount to which section 23(5) (a) (ii) of the Act (refund of tax in trade disputes cases) F4or regulation 41(4) (capital treated as income) applies, any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.

3

Any holiday pay which is not earnings under regulation 35(1) (d) (earnings of employed earners) shall be treated as capital.

4

Except any income derived from capital disregarded under paragraph 1, 2, 4, 6, F712 F20, 25 to 28, 44 or 45 of Schedule 10, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant's account.

5

Subject to paragraph (6), in the case of employment as an employed earner, any advance of earnings or any loan made by the claimant's employer shall be treated as capital.

F36

Paragraph (5) shall not apply 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) (effect of return to work).

7

Any payment under section 30 of the Prison Act 1952 F1 (payments for discharged prisoners) or allowance under section 17 of the Prisons (Scotland) Act 1952 F2 (allowances to prisoners on discharge) shall be treated as capital.

F148

F16Any payment made by a local authority, which represents arrears of payments under—

a

paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order); or

b

section 34(6) or as the case may be, section 50 of the Children Act 1975 (payments towards maintenance for children),

shall be treated as capital.

8A

F17Any payment made by an authority, as defined in Article 2 of the Children Order which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), shall be treated as capital.

F89

Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.

F810

This paragraph applies to a payment—

a

which is made 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) F19or to a member of the familyF19or to the partner of such a person;

F30ab

which is a Grenfell Tower payment;

F31ac

which is a child abuse payment;

ad

which is a Windrush payment; F32...

F33ae

which is a Post Office compensation payment;

b

F18to which regulation 44(2) (modification in respect of children and young persons) applies; or

c

which is made under F24or by the Macfarlane Trust F9, the Macfarlane (Special Payments) TrustF10, the Macfarlane (Special Payments) (No. 2) TrustF11, the FundF13, the Eileen TrustF23, MFET Limited F25, the Skipton Fund, the Caxton FoundationF26, the Scottish Infected Blood Support SchemeF28, an approved blood schemeF27, the London Emergencies Trust, the We Love Manchester Emergency FundF29, the National Emergencies TrustF34, the Victims of Overseas Terrorism Compensation Scheme or F12the Independent Living F22Fund (2006).

F2111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1512

Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.