What is capital?
Capital includes any sort of assets or savings which belong to the
relevant person or partner. Capital belonging to a dependent child is
treated separately. It is sometimes difficult to decide whether money
should be treated as capital or income.
In most cases capital resources arise out of income resources. They
represent savings out of past earnings. However before they undergo the
metamorphosis from income to capital all relevant debts including, in
particular, tax liabilities, are first deducted.
R(SB)2/83
Items that are ignored as capital
Some items which are not mentioned elsewhere and are ignored are:
- Any future interest in property of any kind, except that which is
let
- Any personal possessions (except those acquired to circumvent the
capital rules)
- The cash or surrender value of an annuity
- The value of the right to receive any income under a life interest
or from a life rent
- The sale value of the right to an income in another country which
cannot be transferred to this country
- The surrender value of any life insurance
- The right to receive a capital sum by instalments
- Money from Social Work departments for children
- Money from the Social Fund, the Macfarlane Trust or the Macfarlane
(Special Payments) Trust, the Independent Living Fund, or the London
Bombings Relief Charitable Fund
- The value of the right to receive an occupational pension or any
rent
- Any payment in kind by a charity
- The first
£200
of a training bonus paid
under the Employment and Training Act or the Enterprise and New Towns
(Scotland) Act 1990.
- The assets of any business where the claimant is ill, unable to work
in the business because of the illness, and intends to return to
it.
- Any NHS travelling expenses, welfare foods payments, prison visiting
payments, or any arrears of special war widows payments.
- Any Sports Award, made by a Sports Council.
- A pension lump sum held by a third party provided that
the third party is a trustee in bankruptcy or other person acting on
behalf of creditors or where a bankruptcy or sequestration order has
been made. Where this is not the case, the pension counts as
capital.
- Lump-sum payments made to Housing Benefit recipients under regulation
11 of the Social Security (Payments to Reduce Under-occupation)
Regulations 2000, are disregarded as capital for a period of 52 weeks
from the date of payment.
- Payments made under World War II Compensation
Schemes.
- Any lump sum, additional multiple injury lump sum or additional lump
sum paid under the Armed Forces and Reserve Forces (Compensation Scheme)
Order 2005, where the payment relates to an injury that falls within any
of levels 1 to 6 of the tariff set out in that Order.
Housing Renewal Grant Regs 96 Sched 4 para 8-33
For the general rules see: Housing Renewal Grant Regs 96 Sched 4
Items treated as capital, not income
The following items are treated as capital, although they would
otherwise be regarded as income:
- Annual bounty from the fire brigade, coastguard, lifeboat,
territorial or reserve forces
- Holiday pay payable more than four weeks after the end of the
employment
- Most income derived from capital
- Advances of earnings or loans from employers or income tax
refunds
- Any payment from a charity which is not paid, or due to be paid, at
regular intervals not otherwise disregarded as capital
Housing Renewal Grant Regs 96 Reg 35