PART VIII INCOME AND CAPITAL

Chapter VI Capital

Income treated as capital110.

(1)

Any bounty derived from employment to which paragraph 9 of Schedule 6 applies and paid at intervals of at least one year shall be treated as capital.

(2)

Except in the case of an amount to which section 15(2)(c)(i) (refund of tax in trade dispute cases) 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 98(1)(c) (earnings of employed earners) shall be treated as capital.

(4)

Except any income derived from capital disregarded under paragraphs 1, 2, 4 to 8, 11F1, 17, 42 or 43 of Schedule 8, 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.

(6)

Paragraph (5) shall not apply to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).

(7)

Any payment under section 30 of the Prison Act 1952 F2 (payments for discharged prisoners) or allowance under section 17 of the Prisons (Scotland) Act 1989 F3 (allowances to prisoners on discharge) shall be treated as capital.

(8)

F4Any payment made by a local authority which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 F5 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) or under section 50 of the Children Act 1975 F6 (contributions to a custodian towards the cost of accommodation and maintenance of a child) F7or any 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.

(9)

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.

(10)

This paragraph applies to a payment–

(a)

which is made to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes);

(b)

F8to which regulation 106(2) (modifications in respect of children and young persons) applies; or

(c)

which is made under F9or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen TrustF10, MFET LimitedF11, the Skipton Fund, the Caxton Foundation or the Independent Living F12Fund (2006).

F13(11)

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