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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Persons from abroad

    4. 4.Landlord’s applications: power for Executive to obtain information from pension fund holders

    5. 5.Requirement to produce national insurance number

    6. 6.Definition of relevant person

    7. 7.Definition of non-dependant

    8. 8.Remunerative work

    9. 9.Circumstances in which a person is to be treated as responsible or not responsible for another

    10. 10.Circumstances in which a person is to be treated as being or not being a member of the household

    11. 11.The applicable amount

    12. 12.Financial resources

  3. PART II REDUCTION IN AMOUNT OF GRANT

    1. 13.Reduction in amount of grant

    2. 14.Successive applications

  4. PART III APPLICABLE AMOUNTS

    1. 15.Applicable amounts

    2. 16.Polygamous marriages

  5. PART IV INCOME AND CAPITAL

    1. CHAPTER I general

      1. 17.Income and capital of relevant person

      2. 18.Determination of income and capital of members of relevant person’s family and of a polygamous marriage

    2. CHAPTER II income

      1. 19.Determination of income on a weekly basis

      2. 20.Treatment of child care charges

      3. 21.Average weekly earnings of employed earners

      4. 22.Average weekly earnings of self-employed earners

      5. 23.Average weekly income other than earnings

      6. 24.Determination of weekly income

    3. CHAPTER III employed earners

      1. 25.Earnings of employed earners

      2. 26.Determination of net earnings of employed earners

    4. CHAPTER IV self-employed earners

      1. 27.Earnings of self-employed earners

      2. 28.Determination of net profit of self-employed earners

      3. 29.Deduction of tax and contributions for self-employed earners

    5. CHAPTER V other income

      1. 30.Determination of income other than earnings

      2. 31.Capital treated as income

      3. 32.Notional income

      4. 33.Modifications in respect of child and young person

    6. CHAPTER VI capital

      1. 34.Determination of capital

      2. 35.Disregard of capital of child or young person

      3. 36.Income treated as capital

      4. 37.Determination of capital in the United Kingdom

      5. 38.Determination of capital outside the United Kingdom

      6. 39.Notional capital

      7. 40.Capital jointly held

      8. 41.Determination of tariff income from capital

  6. PART V STUDENTS

    1. 42.Interpretation

    2. 43.Treatment of students

    3. 44.Determination of grant income

    4. 45.Relationship with amounts to be disregarded under Schedule 3

    5. 46.Other amounts to be disregarded

    6. 47.Treatment of student loans

    7. 48.Disregard of contribution

    8. 49.Treatment of payments from access funds

    9. 50.Income treated as capital

    10. 51.Further disregard of student’s income

  7. PART VI MISCELLANEOUS

    1. 52.Revocations

  8. Signature

    1. SCHEDULE 1

      APPLICABLE AMOUNTS

      1. PART I personal allowances

        1. 1.The amounts specified in column (2) below in respect of...

        2. 2.The amounts specified in column (2) below in respect of...

      2. PART II family premium

        1. 3.(1) Subject to sub-paragraph (2), the amount for the purposes...

      3. PART III premiums

        1. 4.Except as provided in paragraph 5, the premiums specified in...

        2. 5.Subject to paragraph 6, where a relevant person satisfies the...

        3. 6.(1) Subject to sub-paragraph (2), the following premiums, namely –...

        4. 7.Pensioner premium for persons under 75

        5. 8.Pensioner premium for persons 75 and over

        6. 9.Higher pensioner premium

        7. 10.Bereavement Premium

        8. 11.Disability premium

        9. 12.Additional condition for the higher pensioner and disability premiums

        10. 13.Severe disability premium

        11. 14.Enhanced disability premium

        12. 15.Disabled child premium

        13. 16.Carer premium

        14. 17.Persons in receipt of concessionary payments

        15. 18.Persons in receipt of benefit

      4. PART IV amounts of premiums specified in part iii

    2. SCHEDULE 2

      SUMS TO BE DISREGARDED IN THE DETERMINATION OF EARNINGS

      1. 1.In the case of a relevant person who has been...

      2. 2.In the case of a relevant person who before the...

      3. 3.(1) In a case to which this paragraph applies and...

      4. 4.In the case where the relevant person is a lone...

      5. 5.(1) In a case to which neither paragraph 3 nor...

      6. 6.Where the carer premium is awarded in respect of a...

      7. 7.In a case where paragraphs 3, 5, 6 and 8...

      8. 8.(1) In a case to which none of paragraphs 3,...

      9. 9.Where the relevant person is engaged in one or more...

      10. 10.In a case to which none of the paragraphs 3...

      11. 11.Any amount or the balance of any amount which would...

      12. 12.Where a relevant person – (a) is in receipt of...

      13. 13.Any earnings derived from employment which are payable in a...

      14. 14.Where a payment of earnings is made in a currency...

      15. 15.Any earnings of a child or young person except earnings...

      16. 16.In the case of earnings of a child or young...

      17. 17.In this Schedule “part-time employment” means employment in which the...

      18. 18.(1) In a case where the relevant person is a...

    3. SCHEDULE 3

      SUMS TO BE DISREGARDED IN THE DETERMINATION OF INCOME OTHER THAN EARNINGS

      1. 1.Any amount attributable to tax on income which is to...

      2. 2.Any payment in respect of any expenses incurred, or to...

      3. 3.In the case of employment as an employed earner, any...

      4. 4.Where a relevant person – (a) is in receipt of...

      5. 5.Any disability living allowance.

      6. 6.Any concessionary payment made to compensate for the non-payment of...

      7. 7.Any mobility supplement under Article 26A of the Naval, Military...

      8. 8.Any attendance allowance.

      9. 9.Any payment to the relevant person as holder of the...

      10. 10.Any – (a) educational maintenance allowances payable under Article 50...

      11. 11.In the case of a relevant person participating in provision...

      12. 12.(1) Except where sub-paragraph (2) applies and subject to sub-paragraph...

      13. 13.Any war disablement pension or war widow’s or war widower’s...

      14. 14.Any pension paid by the government of a country outside...

      15. 15.Subject to paragraph 34, £10 of any of the following,...

      16. 16.Subject to paragraph 34, £15 of any –

      17. 17.(1) Any income derived from capital to which the relevant...

      18. 18.Where a relevant person receives income under an annuity purchased...

      19. 19.Where the relevant person makes a parental contribution in respect...

      20. 20.(1) Where the relevant person is the parent of a...

      21. 21.Any payment made to the relevant person by a child...

      22. 22.Where the relevant person occupies a dwelling as his only...

      23. 23.Any income in kind.

      24. 24.Any income which is payable in a country outside the...

      25. 25.(1) Any payment made to the relevant person in respect...

      26. 26.Any payment made by a voluntary organisation under Article 75...

      27. 27.Any payment made to the relevant person or his partner...

      28. 28.Any payment made by a Health and Social Services Board...

      29. 29.(1) Subject to sub-paragraph (2), any payment received under an...

      30. 30.Any payment of income which by virtue of regulation 36...

      31. 31.Any social fund payment.

      32. 32.Any payment under section 144 of the 1992 Act (entitlement...

      33. 33.Where a payment of income is made in a currency...

      34. 34.The total of a relevant person’s income or, if he...

      35. 35.(1) Any payment made under the Macfarlane Trust, the Macfarlane...

      36. 36.Any housing benefit and any housing benefit in the form...

      37. 37.Any payment made under arrangements made by the Department for...

      38. 38.Any resettlement benefit which is paid to the relevant person...

      39. 39.(1) Where the relevant person occupies the dwelling as his...

      40. 40.Any special war widows payment made under –

      41. 41.Any payment to a juror or witness in respect of...

      42. 42.(1) Any payment or repayment made under regulations 3, 5...

      43. 43.Any payment made under regulation 8, 9, 10 or 12...

      44. 44.Any payment made under a scheme established by the Secretary...

      45. 45.(1) Where a relevant person’s applicable amount includes an amount...

      46. 46.Any payment (other than a training allowance) made, whether by...

      47. 47.Any guardian’s allowance under Part III of the 1992 Act....

      48. 48.(1) Where the relevant person is in receipt of any...

      49. 49.Any payment made under the legislation of, or under any...

      50. 50.Any supplementary pension under Article 29(1A) of the Naval, Military...

      51. 51.In the case of a pension awarded at the supplementary...

      52. 52.(1) Any payment which is – (a) made under any...

      53. 53.Except in a case which falls under paragraph 18 of...

      54. 54.Any payment made under Article 15A of the Health and...

      55. 55.Any mandatory top-up payment made to a person pursuant to...

      56. 56.Any discretionary payment to meet or help meet special needs...

      57. 57.(1) Subject to sub-paragraph (2), any discretionary payment made pursuant...

      58. 58.Any child care expenses reimbursed to the relevant person in...

      59. 59.Any mandatory top-up payment made to a person pursuant to...

      60. 60.(1) Any payment of a sports award except to the...

      61. 61.Any discretionary housing payment paid pursuant to regulation 2(1) of...

      62. 62.Any payment – (a) from a trust whose funds are...

    4. SCHEDULE 4

      CAPITAL TO BE DISREGARDED

      1. 1.The dwelling or building to which the application relates.

      2. 2.Any one dwelling normally occupied by the relevant person as...

      3. 3.Any dwelling which the relevant person intends to occupy as...

      4. 4.(1) Subject to sub-paragraph (2), any sum directly attributable to...

      5. 5.Any dwelling occupied in whole or in part as his...

      6. 6.Where a relevant person – (a) is in receipt of...

      7. 7.Any future interest in property of any kind, other than...

      8. 8.(1) The assets of any business owned in whole or...

      9. 9.Any arrears of, or any concessionary payment made to compensate...

      10. 10.(1) Subject to sub-paragraph (2), any sum –

      11. 11.Any sum – (a) deposited with a housing association as...

      12. 12.Any personal possessions except those which have been acquired by...

      13. 13.The value of the right to receive any income under...

      14. 14.(1) Subject to sub-paragraph (2), where the funds of a...

      15. 15.The value of the right to receive any income under...

      16. 16.The value of the right to receive any income which...

      17. 17.The surrender value of any policy of life insurance.

      18. 18.Where any payment of capital falls to be made by...

      19. 19.Any payment made by a Health and Social Services Board...

      20. 20.Any social fund payment.

      21. 21.Any refund of tax which falls to be deducted under...

      22. 22.Any capital which by virtue of regulation 31, 33(5) or...

      23. 23.Where any payment of capital is made in a currency...

      24. 24.(1) Any payment made under the Macfarlane Trust, the Macfarlane...

      25. 25.(1) Where a relevant person has ceased to occupy what...

      26. 26.Any premises where the relevant person is taking reasonable steps...

      27. 27.Any payment made under arrangements made by the Department for...

      28. 28.The value of the right to receive an occupational or...

      29. 29.The value of any funds held under a personal pension...

      30. 30.The value of the right to receive any rent except...

      31. 31.Any payment in kind made by a charity or under...

      32. 32.£200 of any payment, or if the payment is less...

      33. 33.Any housing benefit.

      34. 34.Any arrears of special war widows payment which is disregarded...

      35. 35.(1) Any payment or repayment made under regulation 3, 5...

      36. 36.Any payment made under regulation 8, 9, 10 or 12...

      37. 37.Any payment made under a scheme established by the Secretary...

      38. 38.Any payment (other than a training allowance, or a training...

      39. 39.(1) Any sum of capital administered –

      40. 40.Any sum of capital administered on behalf of a person...

      41. 41.Any sum of capital administered on behalf of a person...

      42. 42.Any payment to the relevant person as a holder of...

      43. 43.Any back to work bonus payable by way of a...

      44. 44.Any amount of housing benefit to which a person is...

      45. 45.Any amount of income support to which a person is...

      46. 46.Any mandatory top-up payment made to a person pursuant to...

      47. 47.Any discretionary payment to meet or help meet special needs...

      48. 48.Any discretionary payment made pursuant to section 1 of the...

      49. 49.Any child care expenses reimbursed to the relevant person in...

      50. 50.Any mandatory top-up payment made to a person pursuant to...

      51. 51.(1) Any payment of a sports award for a period...

      52. 52.Where an ex-gratia payment of £10,000 has been made by...

      53. 53.(1) Subject to sub-paragraph (2), the amount of any trust...

      54. 54.Any ex-gratia payment made by the Secretary of State to...

      55. 55.Any training grant payable under the New Deal 50 Plus...

      56. 56.The amount of a payment, other than a war pension...

    5. SCHEDULE 5

      REVOCATIONS

  10. Explanatory Note