PART VE+W+SINCOME AND CAPITAL

Modifications etc. (not altering text)

CHAPTER VIE+W+Scapital

Modifications etc. (not altering text)

Calculation of tariff income from capitalE+W+S

53.—(1) [F1Except where the circumstances prescribed in paragraph F2... (1B) apply to the claimant,] where the claimant's capital calculated in accordance with this Part exceeds [F3£6,000] it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of [F3£6,000] but not exceeding [F4£16,000].

F5(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(1A) Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.

(1B) For the purposes of paragraph (1A)F7..., the prescribed circumstances are that the claimant lives permanently in—

[F8(a)a care home or an independent hospital;]

[F8(b)an Abbeyfield Home;]

(c)accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care [F9by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home].

F10(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C) For the purposes of paragraph (1B), a claimant shall be treated as living permanently in such home [F11, hospital] or accommodation where he is absent—

(a)from a home[F11, hospital] or accommodation referred to in sub-paragraph [F12(a) [F13or (b)]] of paragraph (1B)—

(i)F14... in the case of a person over pensionable age, for a period not exceeding 52 weeks, and

(ii)in any other case, for a period not exceeding 13 weeks;

(b)from accommodation referred to in sub-paragraph (c) of paragraph (1B), where the claimant, with the agreement of the manager of the accommodation, intends to return to the accommodation in due course.]

(2) Notwithstanding [F15paragraphs (1)F16... and (lA)], where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.

(3) For the purposes of [F15paragraphs (1)F16... and (lA)], capital includes any income treated as capital under regulations F17... 48 and 60 (F17... income treated as capital and liable relative payments treated as capital).

F18(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 53(1) inserted (8.4.1996) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(2), 12(1)(b)(i)

F2Words in reg. 53(1) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(a)(i)

F3Word in reg. 53(1) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(a)(ii)

F4Word in reg. 53(1) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(a)(iii)

F5Reg. 53(1ZA) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(b)

F7Words in reg. 53(1B) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(c)

F12Words in reg. 53(1C)(a) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 8(b)

F15Words in reg. 53(2)(3) substituted (8.4.1996) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(2), 12(1)(b)(iii)

F16Word in reg. 53(2)(3) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(d)

Modifications etc. (not altering text)

Commencement Information

I1Reg. 53 in force at 11.4.1988, see reg. 1