PART VIIIINCOME AND CAPITAL

Chapter VOther Income

Capital treated as income104.

(1)

Any capital payable by instalments which are outstanding on the first day in respect of which an income-based jobseeker’s allowance is payable, or, in the case of a review, the date of that review, shall, if the aggregate of the instalments outstanding and the amount of the claimant’s capital otherwise calculated in accordance with Chapter VI of this Part exceeds £8,000, be treated as income.

(2)

Any payment received under an annuity shall be treated as income.

(3)

In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), any payment under section 17 or 24 of the Children Act 1989122 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968123 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) shall be treated as income.

(4)

Any earnings to the extent that they are not a payment of income shall be treated as income.