Regulation 41 Capital treated as income

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

reg. 21AA(4)(zzc(i) word omitted by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(a)(2)(a)
reg. 21AA(4)(zzc(ii) word added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(b)(2)(a)
reg. 21AA(4)(zzc(iii) added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(c)(2)(a)
reg. 41(1) substituted by Social Security (1998 Order) (Commencement No. 11) 1999 art. 7(6)
reg. 41(1) words inserted by Income-Related Benefits and Jobseeker’s Allowance 1997 reg. 3(1)
reg. 41(6) words added by Social Security (Personal Injury Payments Amendment) 2002 reg. 2(b)
reg. 6(2)(3 omitted by Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) 2003 reg. 2(a)(i)
reg. 41(3) omitted by Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) 2003 Sch. 1 para. 9
reg. 41 applied (with modifications) by SR2004/91 (as amended) by Travelling Expenses and Remission of Charges 2005 reg. 5(2)(d)
reg. 41(1) words omitted by Social Security 2005 reg. 2(2)

(1)

Any capital payable by instalments which are outstanding on the first day in respect of which income support is payable or the date of the determination of the claim, whichever is earlier, or, in the case of a review, the date of any subsequent review shall, if the aggregate of the instalments outstanding and the amount of the claimant's capital otherwise calculated in accordance with Chapter VI of this Part exceeds £6,000, be treated as income.

(2)

Any payment received under an annuity shall be treated as income.

(3)

In the case of a person to whom Article 24 of the Order (trade disputes) applies and for so long as it applies, any payment under section 164 of the Children and Young Persons Act (Northern Ireland) 1968^f1 (general function for promoting the welfare of persons under the age of 18) shall be treated as income.

Annotations

Footnotes

f1: 1968 c. 34 (N.I.); section 164 was amended by Schedule 18 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14))