SCHEDULES

SCHEDULE 1Universal credit: supplementary regulation-making powers

Calculation of capital and income4

1

Regulations may for any purpose of this Part provide for the calculation or estimation of—

a

a person’s capital,

b

a person’s earned and unearned income, and

c

a person’s earned and unearned income in respect of an assessment period.

2

Regulations under sub-paragraph (1)(c) may include provision for the calculation to be made by reference to an average over a period, which need not include the assessment period concerned.

3

Regulations under sub-paragraph (1) may—

a

specify circumstances in which a person is to be treated as having or not having capital or earned or unearned income;

b

specify circumstances in which income is to be treated as capital or capital as earned income or unearned income;

c

specify circumstances in which unearned income is to be treated as earned, or earned income as unearned;

d

provide that a person’s capital is to be treated as yielding income at a prescribed rate;

e

provide that the capital or income of one member of a couple is to be treated as that of the other member.

4

Regulations under sub-paragraph (3)(a) may in particular provide that persons of a prescribed description are to be treated as having a prescribed minimum level of earned income.

5

In the case of joint claimants the income and capital of the joint claimants includes (subject to sub-paragraph (6)) the separate income and capital of each of them.

6

Regulations may specify circumstances in which capital and income of either of joint claimants is to be disregarded in calculating their joint capital and income.