8. In regulation 38 (notional capital)(1)–
(a)omit “or” at the end of paragraph (2)(d), and at the end of paragraph (2)(e) insert–
“or
(f)any rehabilitation allowance made under section 2 of the Employment and Training Act 1973,”;
(b)in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” substitute “Any payment of capital, other than any of the payments referred to in paragraph (3A)”;
(c)after paragraph (3) insert–
“(3A) The payments for the purposes of the exclusion in paragraph (3) are any payment of capital–
(a)made under any of the Macfarlane Trusts, the Fund, the Eileen Trust or the Independent Living Funds;
(b)made 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;
(ii)in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
(iii)in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations; or
(iv)in the intensive activity period (New Deal) programme but only to the extent that it is not used for a purpose specified in paragraph (3)(a) of this regulation.”.
Regulation 38 was amended by S.I. 1998/808.