Two questions vexing me:

1. CPAG reckons that there is no disregard in PC for voluntary & charitable payments, or student loans. I'm guessing that they base this on the fact that no disregard is included for these items in Schedule IV to the PC Regs. If PC was consructed like IS, that would be that. But, PC says that income is income only if it is specified as such. In the version of the law I have (Wood/Mesher 2003) there's no mention of these items in section 15 of the PC Act, or in PC Reg 15. I think PC Reg 17 and Schedule 4 apply only to income specified in s.15 and reg 15. Thus, the items should be completely ignored. True or false?

2. Something else mentioned nowhere in s.15 or reg 15 is rental income from a tenant. This contrasts with board & lodging income, specified in reg 15(5)(e). This time, however, there's provision for a partial disregard of rent payments in Sch IV para 9, implying that the balance would count as income. Does the latter provision have any force, if the item is nowhere mentioned as accountable income in s.15 or reg 15?

Jim

re question 1.

... certainly the DWP's HB/CTB Pension Credit Handbook says at para 161 -

"The categories of income that will be taken into account in Pension Credit are defined in legislation. Items not defined in the legislation will be completely ignored, such as ... charitable payments"

Dear Jim,

1) I agree with you that Reg 17 and Schedule 4 operate on income defined in s15 and Reg 15. Related to Voluntary and Charitable Payments, there has been some concern from benevolent organisations that such payments may still be caught by s15(1)i)of the Act. This is "income from capital", and brings in trust payments. Worth remembering that this only applies to capital that the claimant has ownwership of beneficial interest in, which is why benevolent organisations (which may also be trusts) are not caught.

2) Income from tenants. Have a look at Reg 2(7)(b) of the State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 SI 2003 No 2274, which amends Reg 15 to add this income stream to the list of income that is counted, subject to the disregard that you have mentioned.

Steve

Re my earlier message, I meant "ownership or beneficial interest"

Many thanks to the kind folk that soothed my fevered brow. I see the light now.

Jim