PART VIII INCOME AND CAPITAL
Chapter VI Capital
Calculation of tariff income from capital116.
(1)
F3(1ZA)
Where the claimant—
(a)
is aged 60 or over or has a partner who is aged 60 or over;
(b)
is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
(c)
has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.
F4(1A)
In the case of a claimant to whom paragraph (1B) applies and whose capital calculated in accordance with Chapter VI of Part VIII 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)
This paragraph applies where the claimant lives permanently in—
(a)
(b)
an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
(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 F6by 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.
F7(d)
residential accommodation.
(1C)
For the purpose of paragraph (1B), a claimant shall be treated as living permanently in such home or accommodation where he is absent—
(a)
from a home or accommodation referred to in sub-paragraph F8(a), (b) or (d) of paragraph (1B)—
(i)
in the case of a claimant referred to in regulation 19(2) of the Income Support (General) Regulations 1987 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), but intends, with the agreement of the manager of the accommodation, to return to the accommodation in due course.
(2)
(3)
F11(4)
In its application to this regulation, the definition of “residential accommodation” in regulation 85(4) (special cases) shall have effect as if, after the words “subject to the following provisions of this regulation”, there were inserted the words “(except paragraph (6)).”.