Capital limitsE+W+S
2.—(1) In the Income Support Regulations M1—
(a)in regulation 41(1) (capital treated as income), after the figure “£8,000" there shall be inserted the words “ or, in a case where regulation 45(aa) applies, £12,000 ”;
(b)in regulation 45 (capital limit)—
(i)in paragraph (a), after the word “paragraph" there shall be inserted the words “ (aa) or ”;
(ii)after paragraph (a), there shall be inserted the following paragraph—
“(aa)where the circumstances prescribed in regulation 53(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;”;
(c)in regulation 53 (calculation of tariff income from capital)—
(i)in paragraph (1), after the word “paragraph" there shall be inserted the words “ (1ZA) or ”;
(ii)after paragraph (1) there shall be inserted the following paragraph—
“(1ZA) Where the claimant—
(a)is aged 60 or over or has a partner who is aged 60 or over;
(b)is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
(c)has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.”;
(iii)in both paragraphs (2) and (3), after “(1)" there shall be inserted “ , (1ZA) ”.
(2) In the Jobseeker’s Allowance Regulations M2—
(a)in regulation 104(1) (capital treated as income), after the figure “£8,000" there shall be inserted the words “ or, in a case where regulation 107(aa) applies, £12,000 ”;
(b)in regulation 107 (capital limit)—
(i)in paragraph (a), after the word “paragraph" there shall be inserted the words “ (aa) or ”;
(ii)after paragraph (a), there shall be inserted the following paragraph—
“(aa)where the circumstances prescribed in regulation 116(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;”;
(c)in regulation 116 (calculation of tariff income from capital)—
(i)in paragraph (1), after the word “paragraph" there shall be inserted the words “ (1ZA) or ”;
(ii)after paragraph (1) there shall be inserted the following paragraph—
“(1ZA) Where the claimant—
(a)is aged 60 or over or has a partner who is aged 60 or over;
(b)is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
(c)has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.”;
(iii)in both paragraphs (2) and (3), after “(1)" there shall be inserted “ ,(1ZA) ”.
F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 2(3)(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)
Marginal Citations
M1The relevant amending instruments are S.I. 1990/671, 1996/462 and 1999/3178.
M2The relevant amending instruments are S.I. 1996/1516, 1997/65 and 1999/2860.