PART VIII INCOME AND CAPITAL

Chapter VI Capital

Calculation of tariff income from capital116.

(1)

F1Except in a case to which paragraph F2...(1B) applies, where the claimant’s capital calculated in accordance with this Part exceeds F3£6,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of F3£6,000 but not exceeding F4£16,000.

F5(1ZA)

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F6(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—

F7(a)

a care home or an independent hospital;

F7(b)

an Abbeyfield Home;

(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 F8by 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.

F9(d)

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(1C)

For the purpose of paragraph (1B), a claimant shall be treated as living permanently in such homeF10, hospital or accommodation where he is absent—

F11(a)

from a homeF10, hospital or accommodation referred to in sub-paragraph (a) F12or (b) 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 F13paragraphs (1)F14... 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 F13paragraphs (1)F14... 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).

F15(4)

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