The National Assistance (Assessment of Resources) Regulations 1992

Income treated as capital

22.—(1) Any bounty which would be treated as capital under paragraph (1) of regulation 48 of the Income Support Regulations(1) (income treated as capital) shall be treated as capital.

(2) Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.

(3) Any holiday pay which is not earnings under regulation 13 (earnings of employed earners) shall be treated as capital.

(4) Except any income derived from capital disregarded under paragraph 1, 2, 5, 10 or 16 of Schedule 4, any income of a resident which is derived from capital shall be treated as capital but only from the date on which it is normally due to be paid to him.

(5) In the case of a resident’s employment as an employed earner, any advance of earnings or any loan made by his employer shall be treated as capital.

(6) Any payment which would be treated as capital under paragraph (8) of regulation 48 of the Income Support Regulations(2) (income treated as capital) shall be treated as capital.

(7) Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one which is made under the Fund, the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust or the Independent Living Fund, shall be treated as capital.

(1)

Amended by regulation 11(a) of S.I. 1988/1445.

(2)

As respects England and Wales, paragraph (8) was substituted by paragraph 5 of the Schedule to S.I. 1992/468.