CHAPTER Igeneral
Calculation of income and capital of members of claimant’s family and of a polygamous marriage
23.—(1) The income and capital of a claimant’s partner and, subject to paragraph (2) and to regulation 44 (modifications in respect of children and young persons), the income of a child or young person which by virtue of section 22(5) of the Act is to be treated as income and capital of the claimant, shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall, except where the context otherwise requires, be construed, for the purposes of this Part, as if it were a reference to his partner or that child or young person.
(2) Regulations 36(2) and 38(2), so far as they relate to paragraphs 1 to 10 of Schedule 8 (earnings to be disregarded) and regulation 41(1) (capital treated as income) shall not apply to a child or young person.
(3) Where a claimant or the partner of a claimant is married polygamously to two or more members of his household—
(a)the claimant shall be treated as possessing capital and income belonging to each such member and the income of any child or young person who is one of that member’s family; and
(b)the income and capital of that member or, as the case may be, the income of that child or young person shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant or, as the case may be, as for any child or young person who is a member of his family.
Treatment of charitable or voluntary payments
24.—(1) Subject to paragraph (5), any charitable or voluntary payment, other than one which is or is due to be made at regular intervals or is one to which regulation 44(2) (modifications in respect of children and young persons) applies, made to the claimant on or after the date of claim shall be calculated in accordance with the following provisions of this regulation; and for the purposes of this regulation any such payment made to a member of the claimant’s family or to a person whose income and capital he is treated aspossessing under regulation 23(3) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) shall be treated as a payment made to the claimant and shall be disregarded in calculating the income or capital of that member or that person.
(2) The first £250, whether in aggregate or otherwise, of any such payments made in the period of 52 weeks beginning with the first day of the benefit week in which the first payment is made shall be taken into account under Chapter VI of this Part as capital and to the extent that it is not a payment of capital shall be treated as capital.
(3) Any such payments in the period of 52 weeks in excess of £250 shall be taken into account under Chapter V of this Part as income and to the extent that it is not a payment of income shall be treated as income.
(4) In the case of a claimant who continues to be in receipt of income support at the end of the period of 52 weeks, the foregoing provisions of this regulation shall continue to apply thereafter with the modification that any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks.
(5) This regulation shall not apply to a person to whom section 23 of the Act (trade disputes) applies or to a member of his family for so long as that section applies to that person.
Liable relative payments
25. Regulations 29 to 44, 46 to 52 and Chapter VIII of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VII thereof (liable relatives).
Calculation of income and capital of students
26. The provisions of Chapters II to VI of this Part (income and capital) shall have effect in relation to students and their partners subject to the modifications set out in Chapter VIII thereof (students).
Disregard of fractions
27. Where any income or capital calculated in accordance with this Part includes a fraction of a penny that fraction shall be disregarded.