Regulation 36 Capital jointly heldI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 13-36 substituted for reg. 13-37 by Housing Benefit and Council Tax Benefit (State Pension Credit) 2003 reg. 17
reg. 36 words substituted by Social Security Amendment (Capital) 1998 reg. 2(1)(2)(a)
reg. 36 words substituted by Income-related Benefits Schemes and Social Security (Claims and Payments) 1995 reg. 2(7)

Except where a claimant possesses capital which is disregarded under regulation 34(4) (notional capital) where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

Annotations

Commencement

I1: Reg. 36 in force at 1.4.1993, see reg. 1(b)