Regulation 43 Income treated as capitalI1
Northern Ireland
Any bounty derived from employment to which paragraph 8 of Schedule 5 applies and paid at intervals of at least one year shall be treated as capital.
Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to—
income tax under Schedule D or E;
income tax under the legislation of the Republic of Ireland which is analogous to income tax under Schedule D or E,
shall be treated as capital.
Any holiday pay which is not earnings under regulation 32(1)(d) shall be treated as capital.
Except any income derived from capital disregarded under paragraph 1, 2, 4, 8, 14, 26 to 29 or 45 of Schedule 7, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant’s account.
In the case of employment as an employed earner, any advance of earnings or any loan made by the claimant’s employer shall be treated as capital.
Any charitable or voluntary payment which is not made or due to be made at regular intervals, F1other than a Grenfell Tower payment F2, a child abuse payment, a Windrush payment F3, a Post Office compensation payment F4, an LGBT Financial Recognition Scheme payment F5, a Mother and Baby Scheme payment F6, a miscarriage of justice compensation payment or a payment which is made under F7or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust , the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust F8, MFET Limited F9, the Skipton Fund, the Caxton Foundation F10, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme F11, the London Emergencies Trust, the We Love Manchester Emergency Fund F12, the National Emergencies Trust F13, the Victims of Overseas Terrorism Compensation Scheme or the Independent Living F14Fund (2006), shall be treated as capital.
There shall be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under the self-employment route, but only in so far as those receipts were payable into a special account F15... during the period in which that person was receiving such assistance.
Any arrears of working tax credit or child tax credit shall be treated as capital.
Annotations
Textual amendments
- F1
Words in reg. 43(6) substituted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 5(4)(a)
- F2
Words in reg. 43(6) inserted (5.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/345), regs. 1(1), 5(4)
- F3
Words in reg. 43(6) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 5(4)
- F4
Words in reg. 43(6) inserted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(4)
- F5
Words in reg. 43(6) inserted (30.10.2026) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026 (S.R. 2026/177), regs. 1(1), 4(4)
- F6
Words in reg. 43(6) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(4)
- F7
Words in reg. 43(6) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(a), 8(5)(b)
- F8
Words in reg. 43(6) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(a), 8(3)(c)
- F9
Words in reg. 43(6) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 19(5)(b)
- F10
Words in reg. 43(6) inserted (30.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017 (S.R. 2017/219), regs. 1(1), 6(3)(b)
- F11
Words in reg. 43(6) inserted (27.9.2017) by The Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/205), regs. 1, 6(3)(b)
- F12
Words in reg. 43(6) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 5(4)(b)
- F13
Words in reg. 43(6) inserted (28.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/184), regs. 1(1), 6(3)(a)
- F14
Words in reg. 43(6) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 6(3)(b)
- F15
Words in reg. 43(7) omitted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(a), 8(6)
Commencement
Notes on Part VI
Modifications
- C1
Pt. VI applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 19(1)