PART VIII INCOME AND CAPITAL

Chapter VI Capital

Calculation of tariff income from capital116.

(1)

F1Except in a case to which paragraph F2(1ZA) or (1B) applies, where the claimant’s capital calculated in accordance with this Part exceeds £3,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £3,000 but not exceeding £8,000.

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)

a residential care or nursing home F5...and that home F5... provides board and personal care for the claimant by reason of his disablement, past or present dependence on alcohol or drugs or past or present mental disorder; or

(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—

F8(a)

from a home or accommodation referred to in sub-paragraph (a), (b) or (d) of paragraph (1B) 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)

Notwithstanding F9paragraphs (1)F10,(1ZA) and (1A), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.

(3)

For the purposes of F9paragraphs (1)F10,(1ZA) and (1A), capital includes any income treated as capital under regulations 110 and 124 (income treated as capital and liable relative payments treated as capital).

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)).”.