SCHEDULE 2Capital to be disregarded

4

1

The value of any premises—

a

which would be disregarded under paragraph 2 or 4(b) of Schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a former partner) but as if for the words “his home” in each provision there were substituted “his main or only home”; or

b

which is occupied in whole or in part as their main or only home by a qualifying relative of A’s who has occupied the premises as their main or only home since before the date on which A was first provided with or secured accommodation in a care home in accordance with the Act.

2

A local authority may disregard the value of any premises which is occupied in whole or in part by a qualifying relative of A’s as their main or only home where the qualifying relative occupied the premises after the date on which A was first provided with or secured accommodation in a care home in accordance with the Act.

3

The value of any premises for a period of 12 weeks where the local authority has disregarded the value of the premises under sub-paragraph (1)(b) or (2) and that relative has died or is no longer occupying the premises because they have been provided with or secured accommodation in a care home.

4

The local authority may disregard the value of any premises for a period of 12 weeks where the premises were occupied in whole or in part by a qualifying relative of A’s as their main or only home and that relative is no longer occupying the premises because of an unexpected change in their circumstances.

5

In this paragraph—

  • “child” (“plentyn”) is to be construed in accordance with section 1 of the Family Law Reform Act 198737;

  • “qualifying relative” (“perthynas cymwys”) means the A’s—

    1. a

      partner;

    2. b

      other family member or relative who is aged 60 or over or who is incapacitated; or

    3. c

      child who is under 18.