Notional capital3

1

In regulation 34 of the Council Tax Benefit Regulations11 (which relates to notional capital)—

a

in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;

b

after paragraph (3) there shall be inserted the following paragraph—

3A

Paragraph (3) shall not apply in respect of a payment of capital made—

a

under the Trusts, the Fund, the Eileen Trust or the Independent Living Funds;

b

pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—

i

in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;

ii

in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or

iii

in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.

2

In regulation 43 of the Housing Benefit Regulations12 (which relates to notional capital)—

a

in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;

b

after paragraph (3) there shall be inserted the following paragraph—

3A

Paragraph (3) shall not apply in respect of a payment of capital made—

a

under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;

b

pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—

i

in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;

ii

in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or

iii

in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.