Section 136 — Social Security Contributions and Benefits Act 1992: Income and capital.

Income and capital. 136 1 Where a person claiming an income-related benefit is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of that person.

2 Regulations may provide that capital not exceeding the amount prescribed under section 134(1) above but exceeding a prescribed lower amount shall be treated, to a prescribed extent, as if it were income of a prescribed amount.

3 Income and capital shall be calculated or estimated in such manner as may be prescribed.

4 A person’s income in respect of a week shall be calculated in accordance with prescribed rules; and the rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

5 Circumstances may be prescribed in which—

a a person is treated as possessing capital or income which he does not possess;

b capital or income which a person does possess is to be disregarded;

c income is to be treated as capital;

d capital is to be treated as income.