Regulation 12 Calculation of income on a weekly basisI1

England, Wales and Scotland

(1)

Subject to regulations 17 (disregard of changes in tax, contributions etc), and 57 (calculation of weekly amounts) for the purposes of section 20(8E) of the Act^f1 (conditions of entitlement to community charge benefits) the income of a claimant shall be calculated–

(a)

by estimating the amount which is likely to be his average weekly income over the benefit period in accordance with this Chapter and Chapters III to V of F1this Part and Part V; and

(b)

by adding to that amount the weekly income calculated under regulation 35 (calculation of tariff income from capital).

F2(2)

For the purposes of paragraph (1) “income” includes capital treated as income under regulation 24 (capital treated as income) and income which a claimant is treated as possessing under regulation 25 (notional income).

Annotations

Textual amendments

F1: Words in reg. 12(1)(a) substituted (7.10.1991) by The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 (S.I. 1991/1599), regs. 1(1)(c), 20(a) (with reg. 35)
F2: Reg. 12(2) substituted (7.10.1991) by The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 (S.I. 1991/1599), regs. 1(1)(c), 20(b) (with reg. 35)

Commencement

I1: Reg. 12 in force at 1.4.1990, see reg. 1

Footnotes

f1: Section 20(8E) was inserted by the Local Government Finance Act 1988 (c. 41) Schedule 10 paragraph 2(3).