# The Social Security (Deemed Income from Capital) Regulations 2009 S.I. 2009/1676 · made 1 July 2009 These Regulations make amendments to:the State Pension Credit Regulations 2002 (S.I. 2002/1792);the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214);the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216). Made under: Social Security Contributions and Benefits Act 1992 (Section 136, Section 137, Section 175); State Pension Credit Act 2002 (Section 15, Section 17) PDFs: Printed copy https://openlegislation.uk/social-security-deemed-income-from-capital-regulations-2009/pdf/uksi_20091676_en.pdf; Explanatory Memorandum https://openlegislation.uk/social-security-deemed-income-from-capital-regulations-2009/pdf/uksiem_20091676_en.pdf ## Introductory text Social Security Made 1st July 2009 Laid before Parliament 8th July 2009 Coming into force 2nd November 2009 The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 136(2) and (5), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and sections 15(2) and 17(1) of the State Pension Credit Act 2002. The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it. ## 1 Citation and commencement These Regulations may be cited as the Social Security (Deemed Income from Capital) Regulations 2009 and shall come into force on 2nd November 2009. ## 2 Amendment of the State Pension Credit Regulations 2002 The State Pension Credit Regulations 2002 are amended as follows. ## 3 Amendment of the State Pension Credit Regulations 2002 (1) Regulation 15 (income for the purposes of the Act) is amended in accordance with this regulation. (2) For paragraph (6) substitute— “(6) For the purposes of section 15(2) (deemed income from capital) and subject to regulation 17(8) (capital to be disregarded), a claimant’s capital shall be deemed to yield a weekly income of— (a) £1 for each £500 in excess of £10,000; and (b) £1 for any excess which is not a complete £500.”. (3) Omit paragraphs (7) and (8). ## 4 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. ## 5 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (1) Regulation 29 (meaning of “income”) is amended in accordance with this regulation. (2) For paragraph (2) substitute— “(2) For the purposes of these Regulations and subject to regulation 44(2) (capital to be disregarded), a claimant’s capital shall be treated as if it were a weekly income of— (a) £1 for each £500 in excess of £10,000; and (b) £1 for any excess which is not a complete £500.”. (3) Omit paragraphs (6) and (7). ## 6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (1) Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) is amended in accordance with this regulation. (2) For paragraph 24 substitute— “24. Where the total value of any capital specified in Part 2 (capital disregarded only for the purposes of determining deemed income) of Schedule 6 does not exceed £10,000, any income actually derived from such capital.”. ## 7 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. ## 8 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (1) Regulation 19 (meaning of “income”) is amended in accordance with this regulation. (2) For paragraph (2) substitute— “(2) For the purposes of these Regulations and subject to regulation 34(2) (capital to be disregarded), a claimant’s capital shall be treated as if it were a weekly income of— (a) £1 for each £500 in excess of £10,000; and (b) £1 for any excess which is not a complete £500.”. (3) Omit paragraphs (6) and (7). ## 9 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (1) Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) is amended in accordance with this regulation. (2) For paragraph 23 substitute— “23. Where the total value of any capital specified in Part 2 (capital disregarded only for the purposes of determining deemed income) of Schedule 4 does not exceed £10,000, any income actually derived from such capital.”. ## Signature Signed by authority of the Secretary of State for Work and Pensions Angela Eagle Minister of State Department for Work and Pensions 1st July 2009 ## Explanatory note (This note is not part of the Regulations) These Regulations make amendments to: the State Pension Credit Regulations 2002 (S.I. 2002/1792); the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214); the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216). The amendments provide for an increase in the limits beneath which capital is not taken to generate income for the purposes of calculating benefit. The limits of £10,000 for claimants residing permanently in specified accommodation which provides care for the claimant and £6,000 for all other claimants are amended so that a limit of £10,000 applies to all claimants. A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors. --- Source: https://www.legislation.gov.uk/uksi/2009/1676 (the official version) Page: https://openlegislation.uk/social-security-deemed-income-from-capital-regulations-2009 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.