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Regulation 110 Income treated as capitalI1

Northern Ireland Not yet in force

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

(1)

Any bounty derived from employment to which paragraph 9 of Schedule 5 applies and paid at intervals of at least one year shall be treated as capital.

(2)

Except in the case of an amount to which Article 17(2)(c)(i) of the Order (refund of tax in trade dispute cases) applies, 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 98(1)(c) (earnings of employed earners) shall be treated as capital.

(4)

Except any income derived from capital disregarded under paragraph 1, 2, 4 to 8, 11 or 17 of Schedule 7, any income derived from capital shall be treated as capital but only from and including the date it is normally due to be credited to the claimant’s account.

(5)

Subject to paragraph (6), 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)

Paragraph (5) shall not apply to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes).

(7)

Any payment made by the Secretary of State by way of an allowance to a prisoner on discharge shall be treated as capital.

(8)

Any payment made by a local authority, as defined in section 105 of the Children Act 1989f1, which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) or under section 50 of the Children Act 1975 (contributions to a custodian towards the cost of accommodation and maintenance of a child) shall be treated as capital.

(9)

Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.

(10)

This paragraph applies to a payment—

(a)

which is made to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes);

(b)

to which regulation 106(2) (modifications in respect of children and young persons) applies, or

(c)

which is made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds.

Annotations

Commencement

I1

Reg. 110 in operation at 7.10.1996, see reg. 1(1)

Footnotes

f1

1989 c. 41