The State Pension Credit Regulations (Northern Ireland) 2003

Notional capital

21.—(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to state pension credit or increasing the amount of that benefit except to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 22 (diminishing notional capital rule).

(2) Without prejudice to the generality of paragraph (1) a person who disposes of a capital resource shall be regarded as –

(a) depriving himself of it if the disposal was by way of gift to a third party;

(b) not depriving himself of it if the disposal was for the purpose of –

(i) reducing or paying a debt owed by the claimant, or

(ii) purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case.

(3) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case –

(a) the value of his holding in that company shall, notwithstanding regulation 19 (calculation of capital), be disregarded, and

(b) he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

(4) For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.

(5) Where under this regulation a person is treated as possessing capital, the amount of that capital shall be calculated in accordance with the provisions of this Part as if it were actual capital which he does possess.