SCHEDULE 10CAPITAL TO BE DISREGARDED
I11
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.
I22
Any premises acquired for occupation by the claimant which he intends to occupy F11as his home 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.
I33
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.
I44
Any premises occupied in whole or in part by—
a
a partner or relative of any member of the family F12as his home where that person is aged 60 or over or is incapacitated;
b
the former partner of a claimant F8... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.
I55
Any reversionary interest.
I66
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.
I77
Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—
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 F1 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.
I88
Any sum—
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.
I99
Any sum—
a
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.
I1010
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.
I1111
The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.
I1212
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—
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.
I1313
The value of the right to receive any income under a life interest or from a liferent.
I1414
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).
I1515
The surrender value of any policy of life insurance.
I1616
Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
I1717
Except in the case of a person to whom section 23 of the Act (trade disputes) applies F6or 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).
I1818
Any social fund payment.
I1919
Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982 F4 (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.
I2020
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.
I2121
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.
F522
Any payment made under the Macfarlane Trust F9or the Independent Living Fund and any sum derived from such a payment.
F523
The value of the right to receive an occupational pension.
F524
The value of the right to receive any rent.
F725
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.
F726
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.
F1427
Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
F728
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.
F1029
Any payment in kind made by a charity.
F1030
Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section.
F1031
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
F1332
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
F1333
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
F1334
Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
F1335
Any housing benefit in the form of a community charge rebate.