Regulation 2 Substitution of regulation 4 of the principal Regulations

For regulation 4 of the principal Regulations (effect and calculation of capital) there shall be substituted the following regulation —

“Effect and calculation of capital

4

(1)

Where a claimant is aged —

(a)

60 or over and has capital which is in excess of £1,000; or

(b)

under 60 and has capital which is in excess of £500, a payment in respect of a period of cold weather which, but for this regulation, would be payable shall be payable only if, and to the extent that, the amount of the payment is more than the excess.

(2)

For the purposes of paragraph (1) —

(a)

any capital possessed by any person whose capital is, for the purposes of entitlement to income support, treated as that of the claimant by virtue of section 22(5) of the Act or the provisions of regulation 23(3) of the General Regulations (calculation of income and capital) shall be treated a that of the claimant; and

(b)

any capital shall be calculated in the same manner as the claimant’s capital is calculated under the General Regulations for the purposes of determining his entitlement to income support.”.