PART 6Income and capital
SECTION 2Income
Calculation of income on a weekly basis27.
(1)
Subject to regulations 34 (disregard of changes in tax, contributions etc), and 80 and 81 (calculation of weekly amounts and rent free periods) for the purposes of section 130(1)(c) of the Act (conditions of entitlement to housing benefit) the income of a claimant shall be calculated on a weekly basis—
(a)
by estimating the amount which is likely to be his average weekly income in accordance with this Section and Sections 3 to 5 of this Part and Sections 1 and 3 of Part 7;
(b)
by adding to that amount the weekly income calculated under regulation 52 (calculation of tariff income from capital); and
(c)
by then deducting any relevant child care charges to which regulation 28 (treatment of child care charges) applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant's family of whichever of the sums specified in paragraph (3) applies in his case.
(2)
The conditions of this paragraph are that—
(a)
the claimant's earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (3) otherwise applies in his case; and
(b)
that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of either working tax credit or child tax credit.
(3)
The maximum deduction to which paragraph (1)(c) above refers shall be—
(a)
where the claimant's family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;
(b)
where the claimant's family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.
(4)
For the purposes of paragraph (1) “income” includes capital treated as income under regulation 41 (capital treated as income) and income which a claimant is treated as possessing under regulation 42 (notional income).