The Social Security Amendment (Notional Income and Capital) Regulations 1999

• Citation: S.I. 1999/2640
• Sections: 2

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security Amendment (Notional Income and Capital) Regulations 1999 and shall come into force on 15th November 1999.

(2) In these Regulations—

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“the Income Support Regulations" means the Income Support (General) Regulations 1987 ;

“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 .

Section 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 ; and

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

(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;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) There shall be added as —

(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 ;

(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.