PART 2Determinations in respect of an individual's financial resources
CHAPTER 4Calculation of capital
Subject matter of the dispute disregard38
1
Subject to paragraphs (2) and (3), in calculating the disposable capital of the individual, the amount or value of the subject matter of the dispute to which the application relates must be disregarded.
2
The total amount to be disregarded under this regulation must not exceed £100,000.
3
If—
a
the subject matter of the dispute includes interests of the individual in—
i
the main or only dwelling in which the individual resides; and
ii
other resources of a capital nature; and
b
the total value of those interests (after the application of regulation 37) exceeds £100,000,
the Director must disregard the value of the individual's interests in their main or only dwelling first.
F14
Where the individual resides in more than one dwelling, the Director must decide which is the main dwelling for the purposes of this regulation and regulation 39.