The following capital assets are disregarded for good
1) the dwelling normally occupied as the applicant's
home(DMG44020)
2) premises (DMG44007) occupied wholly or partly by a partner
or specified relative (DMG44038) as the home, if that person
2.1) is over 60 years of age or
2.2) has been incapacitated (DMG44039) for 13 consecutive weeks or more immediately preceding the date of application
Note the decision maker must decide from the available
information whether or not someone is occupying the premises as
their home (DMG44007).
3) any future interest in any kind of property, unless that
property is land or premises on which the applicant has granted a
continuous lease or tenancy. This includes sub-leases and
sub-tenancies
4) any assets of a business owned wholly or partly by the
applicant or partner who is actively S/E in that business (DMG44070
onwards) at the date of application, (but see DMG44012(7). If that
person has temporarily ceased to be actively engaged at that date)
5) any personal possession, for example, car, caravan unless
it has been bought to get entitlement to, or increase the amount
of, benefit
6) any payment of capital made under LA child care
provisions. These are normally made for a
6.1) child who is boarded out under a fostering arrangement or
6.2) person aged between 17 and 21 who is no longer in the care of the LA
7) the surrender value of any life insurance policy
8) any SF payment
9) any refund of tax which had been overcollected on loan
interest if the purpose of the loan was to
9.1) acquire an interest in a home or
9.2) carry out repairs or improvements to the home
10) any capital which is to be treated as income(See DMG42013
onwards for guidance on capital paid by instalments).
11) the value of the right to receive (DMG42032) any
11.1) income under a life interest or, in Scotland, a life rent or
11.2) earnings or income from a country outside the UK if a ban prevents it from being transferred to the UK or
11.3) outstanding instalments under a legal agreement which requires a sum of capital to be repaid by instalments or
11.4) occupational or personal pension or
11.5) the value of any funds held under a personal pension scheme or retirement annuity contract
11.6) the value of the right to receive any rent except where the applicant has a reversionary interest in the property for which rent is due
12) the value of the
12.1) right to receive income under an annuity and
12.2) surrender value (if any) of that annuity
13) the cost of changing a payment of capital made in a foreign
currency into sterling
14) any payment made by or derived from any of the Macfarlane
Trusts
15) any payment made by or derived from the Eileen Trust
16) any payment made by or derived from any of the ILFs
17) any payment made by or derived from the `fund` (DMG47068)
18) the value of the applicant's beneficial interest in any
premises, or any part of them, (whether or not in the UK) if
the
18.1) premises are occupied by the former partner as that person's home and
18.2) couple are not separated or divorced
Note in the rare cases where this disregard may apply the decision maker should refer the application to WF/DPTC GT
19) any payment in kind made by a charity. Note that a
charitable or voluntary payment of income treated as capital under
DMG42043 should not be disregarded
20) any payment made by the S of S for Social Security as
compensation for the complete or partial loss of entitlement to
20.1) HB or
20.2) HBS
21) payment of compensation made by the S of S to a person who
was entitled to Supp B immediately before 11.4.88 but who did not
become entitled to IS from that date
22) any payment made to a juror or witness for attendance at
court. This does not include compensation for the loss of
22.1) Earnings or
22.2) a benefit payable under the benefit Acts (DMG44007)
Note the decision maker should deal with such payments as in DMG24044 and DMG24063
23) any HB in the form of a community charge rebate (WFTC
applications only)
24) the value of
24.1) funds held in trust and
24.2) the right to receive any payment from those funds deriving from a payment made as a result of personal injury (DMG 44007) to a member of the family. For example
24.3) vaccine damage payments or
24.4) criminal injuries compensation
25) any payments made by the S of S for Education and Employment, and other bodies authorised by the S of S, to help people with disabilities to get or keep employment despite their disabilities. These payments are made as part of three special schemes which are the
25.1) business on own account scheme, which can help a disabled person to set up in business if unlikely otherwise to be able to work
25.2) personal reader service scheme, which enables a blind person to employ a reader
25.3) fares to work scheme, which assists certain people with disabilities who are unable to travel to work by public transport
Note any capital payments made under these regs other than a training allowance or a bonus (DMG44.16 2.) should be disregarded in full
26) any payment made by a LA to homeworkers under the Blind
Homeworker's Scheme
27) the following types of capital
27.1) capital administered by the High Court, County Court, Court of Protection or Court of Session and the Sheriff Court in Scotland where the capital derives from
a) an award of damages for personal injury to that person or
b) compensation for the death of one or both of that person's parents (where the person concerned is under 18 years of age)
28) any payment made by the Secretary of State in consequence of
the recipient or their spouse having been held prisoner by the
Japanese during the Second World War
29) any payment made by the Secretary of State in consequence
of the claimant or a member of his family being diagnosed as
suffering from variant Creutzfeldt Jakob disease
30) any ex-gratia payment made by the Secretary of State for
Northern Ireland directly to a victim of violence under Section
1(4) of the Northern Ireland (Location of Victims' remains) Act
1999
