SCHEDULE 1Determining eligibility for a reduction under an authority’s scheme, amount of reduction and calculation of income and capital: pensioners
PART 4Income and capital for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction: pensioners
CHAPTER 1General: pensioners
Calculation of income and capital: applicant’s family and polygamous marriages: pensioners5
1
The income and capital of—
a
an applicant; and
b
any partner of that applicant,
is to be calculated in accordance with the provisions of this Part.
2
The income and capital of any partner of the applicant is to be treated as income and capital of the applicant, and in this Part any reference to the applicant applies equally to any partner of that applicant.
3
Where an applicant or the partner of an applicant is married polygamously to two or more members of the applicant’s household—
a
the applicant must be treated as possessing capital and income belonging to each such member; and
b
the income and capital of that member is to be calculated in accordance with the following provisions of this Part in like manner as for the applicant.
Circumstances in which capital and income of non-dependant is to be treated as applicants: pensioners6
1
Sub-paragraph (2) applies where it appears to the authority that a non-dependant and an applicant have entered into arrangements in order to take advantage of an authority’s scheme and the non-dependant has more income and capital than the applicant.
2
Except where—
a
the applicant is a pensioner and is on a guarantee credit, or
b
the applicant is not a pensioner and is on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance,
the authority must treat the applicant as possessing income and capital belonging to that non-dependant and, in such a case, any capital and income which the applicant does possess is to be disregarded.
3
Where an applicant is treated as possessing capital and income belonging to a non-dependant under sub-paragraph (2) the capital and income of that non-dependant will be calculated in accordance with the following provisions of this Part in like manner as for the applicant and, except where the context otherwise requires, any reference to the “applicant” is to be construed for the purposes of this Part as if it were a reference to that non-dependant.