The Income Support (General) Regulations 1987

Regulation 46(2)

SCHEDULE 10 E+W+S CAPITAL TO BE DISREGARDED

1.  The dwelling occupied as the home but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph. E+W+S

Commencement Information

I1 Sch. 10 para. 1 in force at 11.4.1988, see reg. 1

2.  Any premises acquired for occupation by the claimant which he intends to occupy within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises. E+W+S

Commencement Information

I2 Sch. 10 para. 2 in force at 11.4.1988, see reg. 1

3.  Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase. E+W+S

Commencement Information

I3 Sch. 10 para. 3 in force at 11.4.1988, see reg. 1

4.  Any premises occupied in whole or in part by— E+W+S

(a) a partner or relative of any member of the family where that person is aged 60 or over or is incapacitated;

(b) the former partner of a claimant F1 ... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.

Textual Amendments

F1 Words in Sch. 10 para. 4(b) omitted (30.5.1988) by virtue of The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(a)

Commencement Information

I4 Sch. 10 para. 4 in force at 11.4.1988, see reg. 1

5.  Any reversionary interest. E+W+S

Commencement Information

I5 Sch. 10 para. 5 in force at 11.4.1988, see reg. 1

6.  The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset. E+W+S

Commencement Information

I6 Sch. 10 para. 6 in force at 11.4.1988, see reg. 1

7.  Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of— E+W+S

(a) any payment specified in paragraph 6, 8 or 9 of Schedule 9 (other income to be disregarded);

(b) an income-related benefit or supplementary benefit, family income supplement under the Family Income Supplements Act 1970 F2 or housing benefit under Part II of the Social Security and Housing Benefits Act 1982;

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

Textual Amendments

F2 1970 c. 55.

Commencement Information

I7 Sch. 10 para. 7 in force at 11.4.1988, see reg. 1

8.  Any sum— E+W+S

(a) paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

(b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

Commencement Information

I8 Sch. 10 para. 8 in force at 11.4.1988, see reg. 1

9.  Any sum— E+W+S

(a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 F3 or section 338(1) of the Housing (Scotland) Act 1987 F4 as a condition of occupying the home;

(b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

Textual Amendments

F3 1985 c. 69.

F4 1987 c. 26.

Commencement Information

I9 Sch. 10 para. 9 in force at 11.4.1988, see reg. 1

10.  Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to supplementary benefit or income support or to increase the amount of that benefit. E+W+S

Commencement Information

I10 Sch. 10 para. 10 in force at 11.4.1988, see reg. 1

11.  The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity. E+W+S

Commencement Information

I11 Sch. 10 para. 11 in force at 11.4.1988, see reg. 1

12.—(1) Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant the value of the trust fund and the value of the right to receive any payment under that trust, for a period of two years or such longer period as is reasonable in the circumstances beginning— E+W+S

(a) if, at the date of the payment the claimant or his partner is in receipt of an income-related benefit, on that date;

(b) in any other case, on the date on which an income-related benefit is first payable to the claimant or his partner after the date of that payment,

but, for the purposes of regulation 17, 18, 21, 44(5) and 71 and Schedules 4 and 5 (applicable amounts and modifications in respect of children and young persons) in calculating the capital of a child or young person there shall be no limit as to the period of disregard under this paragraph.

(2) For the purposes of sub-paragraph (1) any reference to an income-related benefit shall be construed as if it included a reference to supplementary benefit.

Commencement Information

I12 Sch. 10 para. 12 in force at 11.4.1988, see reg. 1

13.  The value of the right to receive any income under a life interest or from a liferent. E+W+S

Commencement Information

I13 Sch. 10 para. 13 in force at 11.4.1988, see reg. 1

14.  The value of the right to receive any income which is disregarded under paragraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income to be disregarded). E+W+S

Commencement Information

I14 Sch. 10 para. 14 in force at 11.4.1988, see reg. 1

15.  The surrender value of any policy of life insurance. E+W+S

Commencement Information

I15 Sch. 10 para. 15 in force at 11.4.1988, see reg. 1

16.  Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments. E+W+S

Commencement Information

I16 Sch. 10 para. 16 in force at 11.4.1988, see reg. 1

17.  Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F5 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)], any payment made under section 1 of the Child Care Act 1980 (duty of local authorities to promote welfare of children) or, as the case may be, section 12 of the Social Work (Scotland) Act 1968 (general welfare). E+W+S

Textual Amendments

F5 Words in Sch. 10 para. 17 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 36(a)

Commencement Information

I17 Sch. 10 para. 17 in force at 11.4.1988, see reg. 1

18.  Any social fund payment. E+W+S

Commencement Information

I18 Sch. 10 para. 18 in force at 11.4.1988, see reg. 1

19.  Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982 F6 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home. E+W+S

Textual Amendments

F6 1982 c. 39.

Commencement Information

I19 Sch. 10 para. 19 in force at 11.4.1988, see reg. 1

20.  Any capital which under regulations 41 and 44(1) (capital treated as income and modifications in respect of children and young persons) is to be treated as income. E+W+S

Commencement Information

I20 Sch. 10 para. 20 in force at 11.4.1988, see reg. 1

21.  Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling. E+W+S

Commencement Information

I21 Sch. 10 para. 21 in force at 11.4.1988, see reg. 1

[F7 22.   Any payment made under the Macfarlane Trust and any sum derived from such a payment.] E+W+S

Textual Amendments

F7 Sch. 10 paras. 22-24 added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 36(b)

[F7 23.   The value of the right to receive an occupational pension.] E+W+S

Textual Amendments

F7 Sch. 10 paras. 22-24 added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 36(b)

[F7 24.   The value of the right to receive any rent.] E+W+S

Textual Amendments

F7 Sch. 10 paras. 22-24 added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 36(b)

[F8 25.   Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling.] E+W+S

Textual Amendments

F8 Sch. 10 paras. 25-28 added (30.5.1988) by The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(b)

[F8 26.   Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.] E+W+S

Textual Amendments

F8 Sch. 10 paras. 25-28 added (30.5.1988) by The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(b)

[F8 27.   Any premises where the claimant has commenced legal proceedings to obtain possession of those premises in order to occupy them as his home, for a period of 26 weeks from the date on which he commenced such proceedings, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.] E+W+S

Textual Amendments

F8 Sch. 10 paras. 25-28 added (30.5.1988) by The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(b)

[F8 28.   Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.] E+W+S

Textual Amendments

F8 Sch. 10 paras. 25-28 added (30.5.1988) by The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(b)