Regulation 4 Financial eligibility

(1)

Subject to regulation 3, the assessing authority to which an application is made shall determine the financial eligibility of the client in accordance with these Regulations.

(2)

Where the assessing authority is satisfied that the client is directly or indirectly in receipt of a qualifying benefit mentioned in paragraph (3), it shall take his disposable income and disposable capital as not exceeding the relevant sums specified in paragraph (4).

(3)

The following are qualifying benefits for the purposes of paragraph (2):

(a)

income support;

(b)

income-based jobseeker’s allowance;

(c)

working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 per week; and

(d)

disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992^f1 has been determined at not more than £70 per week.

(4)

The relevant sums mentioned in paragraph (2) are as follows:

(a)

where eligibility is being assessed under regulation 5(2) and the client is in receipt of any qualifying benefit, the disposable income figure in that regulation;

(b)

where eligibility is being assessed under paragraphs (3) or (5) of regulation 5 and the client is in receipt of any qualifying benefit, the disposable income figure in those paragraphs;

(c)

where eligibility is being assessed under paragraphs (3) or (5) of regulation 5 and the client is in receipt of a qualifying benefit in paragraph 3(a) or (b), the disposable capital figure in those paragraphs;

(d)

where eligibility is being assessed under regulation 5(6) and the client is in receipt of a qualifying benefit in paragraph 3(a) or (b), the disposable income figure in regulation 38(2)(a) and the disposable capital figure in regulation 38(2)(b).

Annotations

Footnotes

f1: 1992 c. 4; Sections 128 and 129 were amended, respectively, by the Tax Credits Act 1999 (c. 10), section 1(2), Schedule 1, paragraphs 1 and 2(g); and sections 1(2) and 14(1) to (5) and (9), Schedule 1, paragraphs 1 and 2(h).