Calculation of weekly income: pensioners
11.—(1) Except in a case within sub-paragraph (2) or (4) applies, for the purposes of calculating the weekly income of an applicant who is a pensioner, where the period in respect of which a payment is made—
(a)does not exceed a week, the whole of that payment is to be included in the applicant’s weekly income;
(b)exceeds a week, the amount to be included in the applicant’s weekly income is to be determined—
(i)in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
(ii)in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;
(iii)in a case where that period is a year, by dividing the amount of the payment by 52;
(iv)in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.
(2) Sub-paragraph (3) applies where—
(a)the applicant’s regular pattern of work is such that the applicant does not work the same hours every week; or
(b)the amount of the applicant’s income fluctuates and has changed more than once.
(3) The weekly amount of that applicant’s income is to be determined—
(a)if, in a case to which sub-paragraph (2)(a) applies, there is a recognised cycle of work, by reference to the applicant’s average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the applicant does no work, those periods but disregarding any other absences); or
(b)in any other case, on the basis of—
(i)the last two payments if those payments are one month or more apart;
(ii)the last four payments if the last two payments are less than one month apart; or
(iii)calculating or estimating such other payments as may, in the particular circumstances of the case, enable the applicant’s average weekly income to be determined more accurately.
(4) For the purposes of sub-paragraph (3)(b) the last payments are the last payments before the date the application was made or treated as made.
(5) If the applicant is entitled to receive a payment to which sub-paragraph (6) applies, the amount of that payment is to be treated as if made in respect of a period of a year.
(6) This sub-paragraph applies to—
(a)royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
(b)any payment in respect of any—
(i)book registered under the Public Lending Right Scheme 1982; or
(ii)work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982; and
(c)any payment which is made on an occasional basis.
(7) The period under which any benefit under the benefit Acts is to be taken into account is to be the period in respect of which that benefit is payable.
(8) Where payments are made in a currency other than Sterling, the value of the payment is to be determined by taking the Sterling equivalent on the date the payment is made.
(9) The sums specified in Schedule 3 are to be disregarded in calculating—
(a)the applicant’s earnings; and
(b)any amount to which sub-paragraph (6) applies where the applicant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in sub-paragraph (6)(b).
(10) For the purposes of sub-paragraph (8)(b), and for that purpose only, the amounts specified in paragraph (6) are to be treated as though they were earnings.
(11) Income specified in Schedule 4 is to be disregarded in the calculation of the applicant’s income.
(12) Schedule 5 has effect so that—
(a)the capital specified in Part 1 of that Schedule is disregarded for the purpose of determining an applicant’s income; and
(b)the capital specified in Part 2 of that Schedule is disregarded for the purpose of determining an applicant’s income under paragraph 31 (calculation of tariff income from capital: pensioners).
(13) In the case of any income taken into account for the purpose of calculating a person’s income any amount payable by way of tax is disregarded.