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The Employment and Support Allowance Regulations 2008
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- UK Statutory Instruments
- 2008 No. 794
- PART 10
- CHAPTER 6
- Regulation 105
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- Correction Slip - 15/10/2010
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Capital treated as incomeE+W+S
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105.—(1) Capital which is payable by instalments which are outstanding on—
(a)the first day in respect of which an income-related allowance is payable or the date of the determination of the claim, whichever is earlier; or
(b)in the case of a supersession, the date of that supersession,
is to be treated as income if the aggregate of the instalments outstanding and the amount of the claimant's capital otherwise calculated in accordance with Chapter 7 of this Part exceeds £16,000.
(2) Any payment received under an annuity is to be treated as income.
(3) Any earnings to the extent that they are not a payment of income are to be treated as income.
(4) Any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 F1 is to be treated as income.
(5) Where an agreement or court order provides that payments are to be made to the claimant in consequence of any personal injury to the claimant and that such payments are to be made, wholly or in part, by way of periodical payments, any such periodical payments received by the claimant (but not a payment which is treated as capital by virtue of this Part), are to be treated as income.
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