OpenLegislation

Regulation 2 Capital LimitsI1I2I3

Northern Ireland

I4(1)

In the Income Support Regulations––

(a)

in regulation 41(1)f1 (capital treated as income), after “£8,000” there shall be inserted “or, in a case where regulation 45(aa)f2 (capital limit) applies, £12,000”;

(b)

in regulation 45f3 (capital limit)—

(i)

in paragraph (a) after “paragraph” there shall be inserted “(aa) or”;

(ii)

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

“(aa)

where the circumstances prescribed in regulation 53(1ZA)f4 (calculation of tariff income from capital) 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)f5, after “paragraph” there shall be inserted “(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 paragraph (2)f6 and (3)f7 after “(1)” there shall be inserted “, (1ZA)”.

(2)

In the Jobseeker’s Allowance Regulations—

(a)

in regulation 104(1)f8 (capital treated as income), after “£8,000” there shall be inserted “or, in a case where regulation 107(aa)f9 (capital limit) applies, £12,000”;

(b)

in regulation 107f10 (capital limit)—

(i)

in paragraph (a) after “paragraph” there shall be inserted “(aa) or”;

(ii)

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

“(aa)

where the circumstances prescribed in regulation 116(1ZA)f11 (calculation of tariff income from capital) 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)f12, after “paragraph” there shall be inserted “(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)f13 and (3)f14, after “(1)” there shall be inserted “, (1ZA)”.

(3)

F1In regulation 45 of the Housing Benefit Regulations (calculation of tariff income from capital)—

(a)

in paragraph (1)f15, after “paragraph” there shall be inserted “(1ZA) or”;

(b)

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 £16,000.”;

(c)

in both paragraphs (2)f16 and (3)f17, after “(1)” there shall be inserted “, (1ZA)”.

Annotations

Textual amendments

F1

Reg. 2(3) revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

Commencement

I1

Reg. 2(1)(2) in operation at 9.4.2001 with effect from 09/04/2001 , see reg. 1(1)(c)(2)(3)

I2

Reg. 2(3) in operation at 1.4.2001 in so far as not already in operation, see reg. 1(1)(b)(ii)

I3

Reg. 2(3) in operation at 2.4.2001 for specified purposes, see reg. 1(1)(b)(i)

I4

Reg. 2(1)(2) in operation at 9.4.2001 with effect from 9/4/2001, see reg. 1(1)(c)(2)(3)

Footnotes

f1

Regulation 41(1) was amended by Article 7(6) of S.R.1999 No. 472 (C. 36)

f2

Paragraph (aa) is inserted by regulation 2(1)(b)(ii) of these Regulations

f3

Regulation 45 was substituted by regulation 11(1)(a) of S.R. 1996 No. 93

f4

Paragraph (1ZA) is inserted by regulation 2(1)(c)(ii) of these Regulations

f5

Regulation 53(1) was amended by regulation 5(2) of S.R. 1990 No. 137 and regulation 11(1)(b)(i) of S.R. 1996 No. 93

f6

Paragraph (2) was amended by regulation 11(1)(b)(iii) of S.R. 1996 No. 93

f7

Paragraph (3) was amended by regulation 12 of S.R. 1988 No. 431 and regulation 11(1)(b)(iii) of S.R. 1996 No. 93

f8

Regulation 104(1) was amended by regulation 3(2) of S.R. 1997 No. 22 and Article 9(8)(b) of S.R. 1999 No. 428 (C. 32)

f9

Paragraph (aa) is inserted by regulation 2(2)(b)(ii) of these Regulations

f10

Regulation 107 was substituted by regulation 9 of S.R. 1996 No. 356

f11

Paragraph (1ZA) is inserted by regulation 2(2)(c)(ii) of these Regulations

f12

Regulation 116(1) was amended by regulation 10(a) of S.R. 1996 No. 356

f13

Regulation 116(2) was amended by regulation 10(c) of S.R. 1996 No. 356

f14

Regulation 116(3) was amended by regulation 10(c) of S.R. 1996 No. 356

f15

Regulation 45(1) was amended by regulation 4(2) of S.R. 1990 No. 137 and regulation 11(2)(b)(i) of S.R. 1996 No. 93

f16

Regulation 45(2) was amended by regulation 11(2)(b)(iii) of S.R. 1996 No. 93

f17

Regulation 45(3) was amended by regulation 14 of S.R. 1988 No. 424 and regulation 11(2)(b)(iii) of S.R. 1996 No. 93