# The Housing Benefit Regulations (Northern Ireland) 2006, Regulation 43: Income treated as capital

Extent: N.I.

(1) 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.
(2) Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to—
(a) income tax under Schedule D or E;
(b) 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.
(3) Any holiday pay which is not earnings under regulation 32(1)(d) shall be treated as capital.
(4) 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.
(5) 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.
(6) Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a Grenfell Tower payment , a child abuse payment, a Windrush payment , a Post Office compensation payment , an LGBT Financial Recognition Scheme payment , a Mother and Baby Scheme payment , a miscarriage of justice compensation payment or a payment which is made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust , the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme or the Independent Living Fund (2006), shall be treated as capital.
(7) 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 ... during the period in which that person was receiving such assistance.
(8) Any arrears of working tax credit or child tax credit shall be treated as capital.

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Source: https://www.legislation.gov.uk/nisr/2006/405/regulation/43 (the official version)
Page: https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/regulation-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.