Regulation 19 Calculation of income

(1)

For the purposes of this regulation, “the Schedule” means—

(a)

in England and Wales, Schedule 2 to the Income Support (General) Regulations 1987^f1; or

(b)

in Northern Ireland, Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987^f2.

(2)

Subject to paragraph (3), in calculating the disposable income of the individual there shall be a deduction at or equivalent to the following rates (as they applied at the beginning of the period of calculation)—

(a)

in respect of the maintenance of his partner, the difference between the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of paragraph 1(3)(d) of the Schedule), and the allowance for a single person aged not less than 25 (which is specified in column 2 of paragraph 1(1)(e) of the Schedule); and

(b)

in respect of the maintenance of any dependant child or dependant relative of his, where such persons are members of his household—

(i)

in the case of a dependant child or a dependant relative aged 15 or under at the beginning of the period of calculation, the amount specified at (a) in column 2 in paragraph 2(1) of the Schedule; and

(ii)

in the case of a dependant child or a dependant relative aged 16 or over at the beginning of the period of calculation, the amount specified at (b) in column 2 in paragraph 2(1) of the Schedule.

(3)

The Tribunal may reduce any rate provided by virtue of paragraph (2)(b) by taking into account the income and other resources of the dependant child or dependant relative to such extent as appears to the Tribunal to be equitable.

(4)

In ascertaining whether a child is a dependant child or whether a person is a dependant relative for the purpose of this regulation, regard shall be had to their income and other resources.

Annotations

Footnotes

f1: S.I. 1987/1967, amended by S.I. 2004/552; there are other amending instruments but none is relevant.
f2: S.R. 1987 No.459, amended by S.R. 1988 No.318 and S.R. 2003 No.195; there are other amending instruments but none is relevant.