{ "url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992/regulation-34", "json_url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992/regulation-34.json", "legislation": "uksi/1992/1814", "legislation_title": "The Council Tax Benefit (General) Regulations 1992", "legislation_url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992", "path": "regulation/34", "kind": "regulation", "number": "34", "heading": "Notional Capital", "text": "(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purposes of securing entitlement to council tax benefit or increasing the amount of such benefit except to the extent that that capital is reduced in accordance with regulation 35 (diminishing notional capital rule).\n(2) Except in the case of—\n(a) a discretionary trust; or\n(b) a trust derived from a payment made in consequence of a personal injury; or\n(c) any loan which would be obtained only if secured against capital disregarded under Schedule 5,\nany capital which would become available to the claimant upon application being made, but which has not been acquired by him, shall be treated as possessed by him but only from the date on which it could be expected to be acquired were an application made.\n(3) Any payment of capital, other than a payment of capital made under the Trusts, the Fund , the Eileen Trust or the Independent Living Funds, made—\n(a) to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel or, rent of that single claimant or, as the case may be, of any member of that family or is used for any council tax, or water charges for which that claimant or member is liable;\n(b) to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him by or on behalf of any member of the family.\n(4) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he may be treated as if he were such sole owner or partner and in such a case—\n(a) the value of his holding in that company shall, notwithstanding regulation 29 (calculation of capital) be disregarded; and\n(b) he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.\n(5) For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.\n(6) Where a claimant is treated as possessing capital under any of paragraphs (1) to (3) the foregoing provisions of this Chapter shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.\n(7) In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use but does not include school uniforms, or clothing or footwear used solely for sporting activities.", "extent": "E+W+S", "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "Words in reg. 34(3) inserted (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 6(3)(c)" }, { "type": "F", "label": "F2", "text": "Words in reg. 34(3) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 5(3)(4)" }, { "type": "F", "label": "F3", "text": "Word in reg. 34(3) substituted (1.4.1993 immediately after art. 20 of S.I. 1993/349 comes into force) by The Council Tax Benefit (General) Amendment Regulations 1993 (S.I. 1993/688), regs. 1(1), 10" }, { "type": "I", "label": "I1", "text": "Reg. 34 in force at 1.4.1993, see reg. 1(b)" } ], "outstanding_effects": [ { "type": "words inserted", "affecting": "uksi/2005/2465", "affecting_title": "The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005" }, { "type": "words substituted", "affecting": "uksi/2005/3391", "affecting_title": "The Income-related Benefits (Amendment) (No. 2) Regulations 2005" }, { "type": "inserted", "affecting": "uksi/2001/1029", "affecting_title": "The Social Security Amendment (New Deal) Regulations 2001" }, { "type": "words substituted", "affecting": "uksi/2004/2308", "affecting_title": "The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004" }, { "type": "substituted", "affecting": "uksi/2004/2327", "affecting_title": "The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004" }, { "type": "inserted", "affecting": "uksi/2002/2402", "affecting_title": "The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002" }, { "type": "inserted", "affecting": "uksi/1999/2640", "affecting_title": "The Social Security Amendment (Notional Income and Capital) Regulations 1999" }, { "type": "words inserted", "affecting": "uksi/1999/2640", "affecting_title": "The Social Security Amendment (Notional Income and Capital) Regulations 1999" }, { "type": "added", "affecting": "uksi/1999/2640", "affecting_title": "The Social Security Amendment (Notional Income and Capital) Regulations 1999" }, { "type": "modified (temp.)", "affecting": "uksi/1999/3156", "affecting_title": "The Social Security (New Deal Pilot) Regulations 1999" }, { "type": "modified (temp. until 27.11.2001)", "affecting": "uksi/2000/3134", "affecting_title": "The Social Security (New Deal Pilot) Regulations 2000" }, { "type": "modified (temp.)", "affecting": "uksi/1998/2825", "affecting_title": "The Social Security (New Deal Pilot) Regulations 1998" }, { "type": "words substituted", "affecting": "uksi/1998/2164", "affecting_title": "The Housing Benefit and Council Tax Benefit Amendment (New Deal) Regulations 1998" }, { "type": "inserted", "affecting": "uksi/1998/2164", "affecting_title": "The Housing Benefit and Council Tax Benefit Amendment (New Deal) Regulations 1998" }, { "type": "added", "affecting": "uksi/1997/2197", "affecting_title": "The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997" }, { "type": "words inserted", "affecting": "uksi/1997/2863", "affecting_title": "The Social Security Amendment (New Deal) Regulations 1997" }, { "type": "added", "affecting": "uksi/1995/2303", "affecting_title": "The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995" }, { "type": "modified", "affecting": "uksi/2000/3134", "affecting_title": "The Social Security (New Deal Pilot) Regulations 2000" }, { "type": "amended", "affecting": "uksi/1999/2640", "affecting_title": "The Social Security Amendment (Notional Income and Capital) Regulations 1999" }, { "type": "amended", "affecting": "uksi/1999/2640", "affecting_title": "The Social Security Amendment (Notional Income and Capital) Regulations 1999" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/1992/1814/regulation/34", "retrieved_at": "2026-11-06T03:35:39.387743+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }