Regulation 2 Notional income and notional capital

(1)

After head (i) in—

(a)

both regulations 42(4)(a) and 51(3)(a) of the Income Support Regulations M1; and

(b)

both regulations 105(10)(a)(i) and 113(3)(a)(i) of the Jobseeker’s Allowance Regulations M2,

(which relate respectively to notional income and to notional capital), there shall be inserted the following head—

“(ia)
in a case where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, as possessed by that single claimant or, as the case may be, by that member;”.

F1(2)

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

(3)

There shall be added as M3—

F2(a)

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

(b)

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

(c)

regulations 42(4ZA)(d) and 51(3A)(c) of the Income Support Regulations;

(d)

regulations 105(10A)(d) and 113(3A)(c) of the Jobseeker’s Allowance Regulations,

the following sub-paragraph—

“under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—
(i)
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 M4;
(ii)
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
(iii)
the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.”.

Annotations

Textual amendments

F1: Reg. 2(2) 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)
F2: Reg. 2(3)(a)(b) 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. 1997/65 and 1998/2117.
M2: The relevant amending instrument is S.I. 1998/2117.
M3: The paragraphs specified in this paragraph were inserted, in the case of sub-paragraphs (a) and (b) by S.I. 1998/2164 and in the case of sub-paragraphs (c) and (d) by S.I. 1998/2117.
M4: 1980 c. 46.