Circumstances in which capital and income of non-dependant is to be treated as applicant's
31.—(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 this 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 will 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.