PART IVLIABLE RELATIVES

Liable relative payments to be treated as capital34

1

Subject to paragraph (2), where—

a

a liable relative makes a periodical payment and any other payment concurrently; and

b

the weekly amount of the periodical payment as calculated in accordance with regulation 33 is equal to or greater than the amount of the divisor calculated by the method prescribed in regulation 32(1),

the other payment shall be treated as capital.

2

If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies shall be taken into account as a payment other than a periodical payment, in accordance with regulation 32(1) or (4) (as is appropriate to his case).