1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Persons from abroad

    4. 4.Landlord’s applications: power for local housing authorities to obtain information from pension fund holders

  3. PART II MEANS TEST FOR OWNER-OCCUPIER’S AND TENANT’S APPLICATIONS

    1. CHAPTER I: GENERAL

      1. 5.Definition of relevant person

      2. 6.Definition of non-dependant

      3. 7.Remunerative work

      4. 8.Circumstances in which a person is to be treated as responsible or not responsible for another

      5. 9.Circumstances in which a person is to be treated as being or not being a member of the household

      6. 10.The applicable amount

      7. 11.Financial resources

    2. CHAPTER II: REDUCTION IN AMOUNT OF GRANT

      1. 12.Reduction in amount of grant

      2. 13.Successive applications

    3. CHAPTER III: APPLICABLE AMOUNTS

      1. 14.Applicable amounts

      2. 15.Polygamous marriages

    4. CHAPTER IV: INCOME AND CAPITAL: GENERAL

      1. 16.Income and capital of relevant person

      2. 17.Determination of income and capital of members of relevant person’s family and of a polygamous marriage

    5. CHAPTER V: INCOME

      1. 18.Determination of income on a weekly basis

      2. 19.Treatment of child care charges

      3. 20.Average weekly earnings of employed earners

      4. 21.Average weekly earnings of self-employed earners

      5. 22.Average weekly income other than earnings

      6. 23.Determination of weekly income

    6. CHAPTER VI: EMPLOYED EARNERS

      1. 24.Earnings of employed earners

      2. 25.Determination of net earnings of employed earners

    7. CHAPTER VII: SELF-EMPLOYED EARNERS

      1. 26.Earnings of self-employed earners

      2. 27.Determination of net profit of self-employed earners

      3. 28.Deduction of tax and contributions for self-employed earners

    8. CHAPTER VIII: OTHER INCOME

      1. 29.Determination of income other than earnings

      2. 30.Annuity treated as income

      3. 31.Notional income

      4. 32.Modifications in respect of children and young persons

    9. CHAPTER IX: CAPITAL

      1. 33.Determination of capital

      2. 34.Disregard of capital of child or young person

      3. 35.Income treated as capital

      4. 36.Determination of capital in the United Kingdom

      5. 37.Determination of capital outside the United Kingdom

      6. 38.Notional capital

      7. 39.Capital jointly held

      8. 40.Determination of tariff income from capital

    10. CHAPTER X: STUDENTS

      1. 41.Interpretation

      2. 42.Treatment of students

      3. 43.Determination of grant income

      4. 44.Relationship with amounts to be disregarded under Schedule 3

      5. 45.Other amounts to be disregarded

      6. 46.Treatment of student loans

      7. 47.Disregard of contribution

    11. CHAPTER XI: MISCELLANEOUS

      1. 48.Application of Regulations

  4. Signature

    1. SCHEDULE 1

      APPLICABLE AMOUNTS

      1. PART I PERSONAL ALLOWANCES

        1. 1.The amounts specified in column (2) below in respect of...

        2. 2.The amounts specified in column (2) below in respect of...

      2. PART II FAMILY PREMIUM

        1. 3.The amount for the purposes of regulations 14(c) and 15(d)...

      3. PART III PREMIUMS

        1. 4.Except as provided in paragraph 5, the premiums specified in...

        2. 5.Subject to paragraph 6, where a relevant person satisfies the...

        3. 6.(1) The severe disability premium to which paragraph 13 applies...

        4. 7.Lone parent premium

        5. 8.Pensioner premium for persons under 75

        6. 9.Pensioner premium for persons 75 and over

        7. 10.Higher pensionser premium

        8. 11.Disability premium

        9. 12.Additional condition for the higher pensioner and disability premiums

        10. 13.Severe disability premium

        11. 14.Disabled child premium

        12. 15.Carer premium

        13. 16.Persons in receipt of concessionary payments

        14. 17.Persons in receipt of benefit

      4. PART IV AMOUNTS OF PREMIUMS SPECIFIED IN PART III

    2. SCHEDULE 2

      SUMS TO BE DISREGARDED IN THE DETERMINATION OF EARNINGS

      1. 1.In the case of a relevant person who has been...

      2. 2.In the case of a relevant person who, before the...

      3. 3.(1) In a case to which this paragraph applies, and...

      4. 4.If an amount by way of a lone parent premium...

      5. 5.(1) In a case where neither paragraph 3 nor 4...

      6. 6.Where the carer premium is awarded in respect of a...

      7. 7.In a case where paragraphs 3, 5, 6 and 8...

      8. 8.(1) In a case to which none of paragraphs 3,...

      9. 9.Where the relevant person is engaged in one or more...

      10. 10.In a case to which none of paragraphs 3 to...

      11. 11.Any amount or the balance of any amount which would...

      12. 12.Where a relevant person is in receipt of income support...

      13. 13.Any earnings derived from employment which are payable in a...

      14. 14.Where a payment of earnings is made in a currency...

      15. 15.Any earnings of a child or young person except earnings...

      16. 16.In the case of earnings of a child or young...

      17. 17.In this Schedule “part-time employment” means employment in which the...

    3. SCHEDULE 3

      SUMS TO BE DISREGARDED IN THE DETERMINATION OF INCOME OTHER THAN EARNINGS

      1. 1.Any amount paid by way of tax on income which...

      2. 2.Any payment in respect of any expenses incurred by a...

      3. 3.In the case of employment as an employed earner, any...

      4. 4.Where a relevant person is in receipt of income support...

      5. 5.Any disability living allowance.

      6. 6.Any concessionary payment made to compensate for the non-payment of—...

      7. 7.Any mobility supplement under article 26A of the Naval, Military...

      8. 8.Any attendance allowance.

      9. 9.Any payment to the relevant person as holder of the...

      10. 10.Any sum in respect of course of study attended by...

      11. 11.In the case of a relevant person attending a course...

      12. 12.(1) Except where sub-paragraph (2) applies and subject to sub-paragraph...

      13. 13.Subject to paragraph 31, £10 of any of the following,...

      14. 14.(1) Any income derived from capital to which the relevant...

      15. 15.Where a relevant person receives income under an annuity purchased...

      16. 16.Where the relevant person makes a parental contribution in respect...

      17. 17.(1) Where the relevant person is the parent of a...

      18. 18.Any payment made to the relevant person by a child...

      19. 19.Where the relevant person occupies a dwelling as his only...

      20. 20.Any income in kind.

      21. 21.Any income which is payable in a country outside the...

      22. 22.(1) Any payment made to the relevant person in respect...

      23. 23.Any payment made by a local authority to the relevant...

      24. 24.Any payment made by a health authority, local authority or...

      25. 25.Any payment made by a local authority in accordance with...

      26. 26.Any payment received under an insurance policy taken out to...

      27. 27.Any payment of income which by virtue of regulation 35...

      28. 28.Any social fund payment.

      29. 29.Any payment under section 148 of the 1992 Act (pensioners’...

      30. 30.Where a payment of income is made in a currency...

      31. 31.The total of a relevant person’s income or, if he...

      32. 32.(1) Any payment made under any of the MacFarlane Trusts,...

      33. 33.Any housing benefit and any housing benefit in the form...

      34. 34.Any payment made by the Secretary of State to compensate...

      35. 35.Any payment made by the Secretary of State to compensate...

      36. 36.Any resettlement benefit which is paid to the relevant person...

      37. 37.Any community charge benefit.

      38. 38.Any payment in consequence of a reduction of a personal...

      39. 39.(1) Where the relevant person occupies a dwelling as his...

      40. 40.Any special war widows payment made under— the Naval and...

      41. 41.Any payment to a juror or witness in respect of...

      42. 42.(1) Any payment or repayment made— (a) as respects England...

      43. 43.Any payment made under regulations 9 to 11 or regulation...

      44. 44.Any payment made by either the Secretary of State for...

      45. 45.(1) Where a relevant person’s applicable amount includes an amount...

      46. 46.Any payment made by the Secretary of State to compensate...

      47. 47.Any payment (other than a training allowance) made, whether by...

      48. 48.Any guardian’s allowance under Part III of the 1992 Act....

      49. 49.Any council tax benefit, including any amount of council tax...

      50. 50.(1) Where the relevant person is in receipt of any...

      51. 51.Any supplementary pension under article 29(1A) of the Naval, Military...

      52. 52.In the case of a pension awarded at the supplementary...

      53. 53.(1) Any payment which is— (a) made under any of...

      54. 54.Where the relevant person is entitled to the allowance under...

      55. 55.Where the relevant person is entitled to the credit under...

      56. 56.Where the relevant person is entitled to the additional allowance...

      57. 57.Any amount of housing benefit to which a person is...

      58. 58.Any amount of income support to which a person is...

    4. SCHEDULE 4

      CAPITAL TO BE DISREGARDED

      1. 1.The dwelling or building to which the application relates.

      2. 2.Any one dwelling normally occupied by the relevant person as...

      3. 3.Any dwelling which the relevant person intends to occupy as...

      4. 4.(1) Subject to sub-paragraph (2), any sum directly attributable to...

      5. 5.Any dwelling occupied in whole or in part as his...

      6. 6.Where a relevant person is in receipt of income support...

      7. 7.Any future interest in property of any kind, other than...

      8. 8.(1) The assets of any business owned in whole or...

      9. 9.Any arrears of, or any concessionary payment made to compensate...

      10. 10.(1) Subject to sub-paragraph (2), any sum—

      11. 11.Any sum— (a) deposited with a housing association as defined...

      12. 12.Any personal possessions except those which have been acquired by...

      13. 13.The value of the right to receive any income under...

      14. 14.(1) Subject to sub-paragraph (2), where the funds of a...

      15. 15.The value of the right to recieve any income under...

      16. 16.The value of the right to receive any income which...

      17. 17.The surrender value of any policy of life insurance.

      18. 18.Where any payment of capital falls to be made by...

      19. 19.Any payment made by a local authority in accordance with...

      20. 20.Any social fund payment.

      21. 21.Any refund of tax which falls to be deducted under...

      22. 22.Any capital which by virtue of regulation 30, 32(5) or...

      23. 23.Where any payment of capital is made in currency other...

      24. 24.(1) Any payment made under the MacFarlane Trusts, the Independent...

      25. 25.(1) Where a relevant person has ceased to occupy what...

      26. 26.Any premises where the relevant person is taking reasonable steps...

      27. 27.Any payment made by the Secretary of State to compensate...

      28. 28.Any payment made by the Secretary of State to compensate...

      29. 29.The value of the right to receive an occupational or...

      30. 30.The value of any funds held under a personal pension...

      31. 31.The value of the right to receive any rent except...

      32. 32.Any payment in kind made by a charity or under...

      33. 33.£200 of any payment or, if the payment is less...

      34. 34.Any housing benefit, or housing benefit in the form of...

      35. 35.Any community charge benefit.

      36. 36.Any payment in consequence of a reduction of a personal...

      37. 37.(1) Subject to sub-paragraph (2), any grant made to the...

      38. 38.Any arrears of special war widows payment which is disregarded...

      39. 39.(1) Any payment or repayment made— (a) as respects England...

      40. 40.Any payment made under regulations 9 to 11 or regulation...

      41. 41.Any payment made either by the Secretary of State for...

      42. 42.Any payment made by the Secretary of State to compensate...

      43. 43.Any payment (other than a training allowance, or a training...

      44. 44.Any payment made by a local authority under section 3...

      45. 45.Any council tax benefit, including any amount of council tax...

      46. 46.Any sum of capital administered on behalf of a person...

      47. 47.Any sum of capital administered on behalf of a person...

      48. 48.Any payment to the relevant person as holder of the...

      49. 49.Any back to work bonus payable by way of a...

      50. 50.Any amount of housing benefit to which a person is...

      51. 51.Any amount of income support to which a person is...

  6. Explanatory Note