Regulation 149 Assessment of income and capital in urgent casesI1

Northern Ireland Not yet in force

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

reg. 149 coming into force by Jobseeker’s Allowance 1996 reg. 1(1)
reg. 131(3A)(e)and word added by Social Security (Students and Income-Related Benefits Amendment) 2003 reg. 3(1)(b)
reg. 149(1)(a)(i) words substituted by Social Security 2008 reg. 4(5)(d)
reg. 149(1)(a)(ii) words inserted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 19(19)

(1)

The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications—

(a)

any income, other than a payment of income or income in kind 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 or income to which paragraph 6, 41(2), (3) or (4) or 42 of Schedule 6 (disregard of income other than earnings) applies, possessed or treated as possessed by him shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

(b)

any income to which regulation 116 (calculation of tariff income from capital) applies shall be disregarded;

(c)

income treated as capital by virtue of regulation 110(1), (2), (3) and (9) (income treated as capital) shall be taken into account as income;

(d)

in a case to which regulation 147(2)(b) (urgent cases) applies, any income to which regulation 105(6) and (7) (notional income) applies shall be disregarded.

(2)

The claimant’s capital calculated in accordance with Part VIII, but including any capital referred to in paragraphs 3, and to the extent that such assets as are referred to in paragraph 11 consist of liquid assets, 11 and, except to the extent that the arrears referred to in paragraph 12 consist of arrears of housing benefit payable under Part VII of the Benefits Act, 12, 14(b), 24 and 32 of Schedule 7 (capital to be disregarded) shall be taken into account in full and the amount of a jobseeker’s allowance which would, but for this paragraph, be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.

Annotations

Commencement

I1: Reg. 149 in operation at 7.10.1996, see reg. 1(1)