Notional income and notional capital
2.—(1) After head (i) in—
(a)both regulations 42(4)(a) and 51(3)(a) of the Income Support Regulations M1; and
(b)both regulations 105(10)(a)(i) and 113(3)(a)(i) of the Jobseeker’s Allowance Regulations M2,
(which relate respectively to notional income and to notional capital), there shall be inserted the following head—
“(ia)in a case where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, as possessed by that single claimant or, as the case may be, by that member;”.
(2) In paragraph (3) of both regulations 26 and 34 of the Council Tax Benefit Regulations M3 and regulations 35 and 43 of the Housing Benefit Regulations M4 (which relate respectively to notional income and to notional capital)—
(a)immediately before sub-paragraph (a) there shall be inserted the following sub-paragraph—
“(za)to a third party in respect of a single claimant or a member of the family (but not a member of the third party’s family) shall, where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, be treated as possessed by that single claimant or, as the case may be, by that member;”;
(b)in sub-paragraph (a), after the word “shall" there shall be inserted the words “, where it is not a payment referred to in sub-paragraph (za),".
(3) There shall be added as M5—
(a)regulations 26(3A)(d) and 34(3A)(c) of the Council Tax Benefit Regulations;
(b)regulations 35(3A)(d) and 43(3A)(c) of the Housing Benefit Regulations;
(c)regulations 42(4ZA)(d) and 51(3A)(c) of the Income Support Regulations;
(d)regulations 105(10A)(d) and 113(3A)(c) of the Jobseeker’s Allowance Regulations,
the following sub-paragraph—
“under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—
(i)a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 M6;
(ii)the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
(iii)the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.”.
Marginal Citations
M1The relevant amending instruments are S.I. 1997/65 and 1998/2117.
M2The relevant amending instrument is S.I. 1998/2117.
M3The relevant amending instrument is S.I. 1998/2164.
M4The relevant amending instruments are S.I. 1988/1971, 1991/1599, 1993/317 and 1998/2164.
M5The paragraphs specified in this paragraph were inserted, in the case of sub-paragraphs (a) and (b) by S.I. 1998/2164 and in the case of sub-paragraphs (c) and (d) by S.I. 1998/2117.