Pensioner – capital or income

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    I’m struggling with interpretation between 2 sets of regs. The situation is that we have a pensioner who has recently remortgaged his property to the tune of £25k to enable his dtr to purchase another property. The claimant wasn’t on benefit at the time and was working but is now sick an unable to work, hence the claim. I’m therefore not considering deprivations. The dtr repays her dad a monthly sum which he then uses to repay the mortgage.

    Reg 41(1) of the working age regs seems to cover this situation and the payments would be treated as income. However, I can’t find the corresponding rule in the pensioner regs.

    Does anyone have any thoughts on this?


    It is only income if it falls within the definition of income.

    However, you could possibly argue that it falls within the definition of ‘income from capital, other than capital disregarded under Part 1 of Schedule 6’.


    Zebedee 2005/2006 – para 13.127 seems to suggest that you count as capital when instalments received because they are over 60. But provides no ref to any Regulations?

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