{
  "url": "https://openlegislation.uk/income-support-general-regulations-1987/regulation-53",
  "json_url": "https://openlegislation.uk/income-support-general-regulations-1987/regulation-53.json",
  "legislation": "uksi/1987/1967",
  "legislation_title": "The Income Support (General) Regulations 1987",
  "legislation_url": "https://openlegislation.uk/income-support-general-regulations-1987",
  "path": "regulation/53",
  "kind": "regulation",
  "number": "53",
  "heading": "Calculation of tariff income from capital",
  "text": "(1) Except where the circumstances prescribed in paragraph ... (1B) apply to the claimant, where the claimant's capital calculated in accordance with this Part exceeds £6,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.\n(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(1A) Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.\n(1B) For the purposes of paragraph (1A)..., the prescribed circumstances are that the claimant lives permanently in—\n(a) a care home or an independent hospital;\n(b) an Abbeyfield Home;\n(c) accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home.\n(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(1C) For the purposes of paragraph (1B), a claimant shall be treated as living permanently in such home , hospital or accommodation where he is absent—\n(a) from a home, hospital or accommodation referred to in sub-paragraph (a) or (b) of paragraph (1B)—\n(i) ... in the case of a person over pensionable age, for a period not exceeding 52 weeks, and\n(ii) in any other case, for a period not exceeding 13 weeks;\n(b) from accommodation referred to in sub-paragraph (c) of paragraph (1B), where the claimant, with the agreement of the manager of the accommodation, intends to return to the accommodation in due course.\n(2) Notwithstanding paragraphs (1)... and (lA), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.\n(3) For the purposes of paragraphs (1)... and (lA), capital includes any income treated as capital under regulations ... 48 and 60 (... income treated as capital and liable relative payments treated as capital).\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 53(1) inserted (8.4.1996) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(2), 12(1)(b)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 53(1) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(a)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 53(1) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in reg. 53(1) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 53(1ZA) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 53(1A)-(1C) inserted (8.4.1996) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(2), 12(1)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 53(1B) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(c)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 53(1B)(a)(b) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 7(a)(i)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 53(1B)(c) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(5)(6)(a)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Reg. 53(1B)(d) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 7(a)(ii)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Word in reg. 53(1C) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 7(b)(i)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 53(1C)(a) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 8(b)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 53(1C)(a) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 7(b)(ii)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 53(1C)(a)(i) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. I para. 9"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in reg. 53(2)(3) substituted (8.4.1996) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(2), 12(1)(b)(iii)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Word in reg. 53(2)(3) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(6)(d)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in reg. 53(3) omitted (12.12.1988) by virtue of The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 13"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Reg. 53(4) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 7(c)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 53 applied (with modifications) (11.4.2005) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005 (S.I. 2005/578), regs. 1(1), 19(2)(a); (S.) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2005 (S.S.I. 2005/179), regs. 1(3), 5(a))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Reg. 53 applied (with modifications) (11.4.2005) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005 (S.I. 2005/578), regs. 1(1), 19(2)(b); (S.) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2005 (S.S.I. 2005/179), regs. 1(3), 5(b))"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "Reg. 53 applied (with modifications) (1.5.2006) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2006 (S.I. 2006/1065), regs. 1(1), 2(2)(b))"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "Reg. 53 applied (with modifications) (1.5.2006) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2006 (S.I. 2006/1065), regs. 1(1), 2(2)(c))"
    },
    {
      "type": "C",
      "label": "C5",
      "text": "Reg. 53 applied (with modifications) (1.5.2007) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2007 (S.I. 2007/988), regs. 1(1), 2(2)(b))"
    },
    {
      "type": "C",
      "label": "C6",
      "text": "Reg. 53 applied (with modifications) (1.5.2008) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2008 (S.I. 2008/843), regs. 1(1), 2(2)(b))"
    },
    {
      "type": "C",
      "label": "C7",
      "text": "Reg. 53 applied (with modifications) (1.7.2008) by W.S.I. 2007/1104 (as amended (W.) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) Regulations 2008 (S.I. 2008/1480), regs. 1(2), 2(3))"
    },
    {
      "type": "C",
      "label": "C8",
      "text": "Reg. 53 applied (with modifications) (7.4.2010) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2010 (S.I. 2010/620), regs. 1, 2(2)(b)(ii))"
    },
    {
      "type": "C",
      "label": "C9",
      "text": "Reg. 53 applied (with modifications) (7.4.2010) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2010 (S.I. 2010/620), regs. 1, 2(2)(b)(i))"
    },
    {
      "type": "C",
      "label": "C10",
      "text": "Reg. 53 applied (with modifications) (12.4.2010) by W.S.I. 2007/1104 (as amended (W.) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) Regulations 2010 (S.I. 2010/1237), regs. 1(2), 3(2))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 53 in force at 11.4.1988, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/1967/regulation/53",
    "retrieved_at": "2026-10-29T16:17:57.034883+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."
}