Regulation 2 Capital limits

England, Wales and Scotland

(1)

In the Income Support Regulations M1—

(a)

in regulation 41(1) (capital treated as income), after the figure “£8,000" there shall be inserted the words “ or, in a case where regulation 45(aa) applies, £12,000 ”;

(b)

in regulation 45 (capital limit)—

(i)

in paragraph (a), after the word “paragraph" there shall be inserted the words “ (aa) or ”;

(ii)

after paragraph (a), there shall be inserted the following paragraph—

“(aa)
where the circumstances prescribed in regulation 53(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;”;

(c)

in regulation 53 (calculation of tariff income from capital)—

(i)

in paragraph (1), after the word “paragraph" there shall be inserted the words “ (1ZA) or ”;

(ii)

after paragraph (1) there shall be inserted the following paragraph—

“(1ZA)
Where the claimant—
(a)
is aged 60 or over or has a partner who is aged 60 or over;
(b)
is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
(c)
has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.”;

(iii)

in both paragraphs (2) and (3), after “(1)" there shall be inserted “ , (1ZA) ”.

(2)

In the Jobseeker’s Allowance Regulations M2—

(a)

in regulation 104(1) (capital treated as income), after the figure “£8,000" there shall be inserted the words “ or, in a case where regulation 107(aa) applies, £12,000 ”;

(b)

in regulation 107 (capital limit)—

(i)

in paragraph (a), after the word “paragraph" there shall be inserted the words “ (aa) or ”;

(ii)

after paragraph (a), there shall be inserted the following paragraph—

“(aa)
where the circumstances prescribed in regulation 116(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;”;

(c)

in regulation 116 (calculation of tariff income from capital)—

(i)

in paragraph (1), after the word “paragraph" there shall be inserted the words “ (1ZA) or ”;

(ii)

after paragraph (1) there shall be inserted the following paragraph—

“(1ZA)
Where the claimant—
(a)
is aged 60 or over or has a partner who is aged 60 or over;
(b)
is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
(c)
has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.”;

(iii)

in both paragraphs (2) and (3), after “(1)" there shall be inserted “ ,(1ZA) ”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Reg. 2(3)(4) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal citations

M1: The relevant amending instruments are S.I. 1990/671, 1996/462 and 1999/3178.
M2: The relevant amending instruments are S.I. 1996/1516, 1997/65 and 1999/2860.