Regulation 23 Assets capable of producing income or higher incomeF1
England, Wales and Scotland
Subject to paragraphs (2) and (3), a case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Act where—
the Secretary of State is satisfied that any asset in which the non-applicant has a beneficial interest, or which he has the ability to control—
is capable of being utilised to produce income but has not been so utilised;
has been invested in such a way that the income obtained from it is less than might reasonably be expected;
is a chose in action which has not been enforced where the Secretary of State is satisfied that such enforcement would be reasonable;
in Scotland, is monies due or an obligation owed, whether immediately payable or otherwise and whether the payment or obligation is secured or not and the Secretary of State is satisfied that requiring payment of the monies or the implementation of the obligation would be reasonable; or
has not been sold where the Secretary of State is satisfied that the sale of the asset would be reasonable;
any asset has been transferred by the non-applicant to trustees and the non-applicant is a beneficiary of the trust so created; or
any asset has become subject to a trust created by legal implication of which the non-applicant is a beneficiary.
Paragraph (1) shall not apply where—
the total value of the asset or assets referred to in that paragraph does not exceed £10,000.00 after deduction of the amount owing under any mortgage or charge on that asset; or
the Secretary of State is satisfied that any asset referred to in that paragraph is being retained by the non-applicant to be used for a purpose which the Secretary of State considers reasonable in all the circumstances of the caseF2; or
if the non-applicant were a claimant, paragraph 64 of Schedule 10 to the Income Support (General) Regulations 1987 (treatment of relevant trust payments) would apply to the asset referred to in that paragraph.
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For the purposes of this regulation the term “asset" means—
money, whether in cash or on deposit;
a beneficial interest in land and rights in or over land;
For the purposes of paragraph (4) the term “asset" includes any asset falling within that paragraph which is located outside Great Britain.
Annotations
Textual amendments
- F1
Instrument Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(d)
- F2
Reg. 23(2)(c) and word added (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), reg. 3, (a)
- F3
Reg. 23(3) omitted (19.1.1998) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 16 (with reg. 59)