Amendment of the Departure Regulations

3.  After sub-paragraph (b) of paragraph (2) of regulation 23 of the Departure Regulations (assets capable of producing income or higher income)(1), there shall be added—

• “; or

  (c)

  if the non-applicant were a claimant, paragraph 64 of Schedule 10 to the Income Support (General) Regulations 1987(2) (treatment of relevant trust payments) would apply to the asset referred to in that paragraph.”.

(1)

Regulation 23 was amended by regulation 16 of S.I. 1998/58 and is revoked, with savings, by regulation 33 of S.I. 2001/156.

(2)

S.I. 1987/1967. Paragraph 64 was added by regulation 2 of S.I. 2001/1118.