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Circular No: SWSG2J99 SWSG Guidance Package Index Ref: F2

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CONTENTS

Covering Letter
Part I
1. Introduction
About this guidance
1.001 Format
1.002 Gender
General
1.003 Statutory basis
1.006 Standard rate
1 .007A Arrangements for accommodation Assessing ability to pay
1.008 Regulations
1.009 Local authority managed homes
1.010 Independent homes
1.011 Housing associations registered with a local authority
1.012 Residents with a dependent child
1.013 Information to be given to the resident
1.014 Residents unable to handle their own affairs
Collecting Charges from Residents in Independent Homes
1.015 Resident to pay the charges direct to the home
1.016 Liability for payment to the home
1.017 Treatment of fractions in the assessment
1.017ACharges for Day Care services Social Security benefits
1.018 Local authority managed homes
1.020 Independent homes
1.021 A Attendance Allowance/Disability Living Allowance (Care Component)
1.022 Admission to hospital
1.023 Preserved rights
1.024 Liaison with Department of Social Security/Benefits Agency
1.025 Complaints
2. Less dependent residents
2.001 Background
2.003 Identifying "less dependent" residents
2.004 Definition of "board"
2.005 Assessing "less dependent" residents
3. Temporary residents
3.001 Who is a temporary resident? Charging for temporary stay
3.005 Up to 8 weeks
3.006 After 8 weeks
3.006A Income Support for temporary residents
3.007 Assessing ability to pay
3.008 Capital
3.009 Income
3.013 Couples
3.014 Attendance Allowance (AA)/Disability Living Allowance (DLA)
4. Couples
4.001 LA treatment of couples
4.003A Capital limits for couples
4.004 Temporary residents
4.005 Permanent residents
4.007 Treatment of Couples for Income Support
4.008 Temporary residents
4.009 One member of a married couple temporarily in residential accommodation
4.011 Both partners temporarily in residential accommodation
4.014 One partner in residential accommodation or both partners in separate residential accommodation
4.015 Both partners in the same residential accommodation
5. Personal Expenses Allowance
5.001 Purpose of personal expenses allowance
5.002 Amount of personal expenses allowance
5.005 Varying the amount of personal expenses allowance
6. Capital
6.001 What is capital?
6.002 Types of capital Effect of capital
6.003 Capital limits
6.006 Tariff income Beneficial ownership of capital
6.007 Does the resident own the capital?
6.008 Ownership disputed
6.009 Joint beneficial ownership of capital Treatment of capital
6.010 Valuation
6.014 Expenses of sale
6.016 Debt secured on asset
6.017 National Savings Certificates
6.018 Disregards on capital
6.019 Capital held abroad
6.020 Transfer of capital to UK not prohibited
6.021 Sources of valuation
6.023 Transfer to the UK prohibited
6.024 Evidence required of value
6.025 Action on receipt of evidence
6.026 Capital not immediately realisable
6.027 Disregarded indefinitely
6.02 8 Disregarded for 26 weeks or longer
6.029 Disregarded for 52 weeks
6.03 0 Disregarded for other periods
6.031 Meaning of reasonable period of disregard
6.032 Information required
6.033 Action on receipt of information Capital treated as income
6.035 Capital paid by instalment
6.036 Payments under an annuity
6.036A Third party payments made under an agreement to meet excess fees
6.037 Earnings
6.038 Income treated as capital
6.039 Tax refunds
6.040 Holiday pay
6.041 Income from a capital asset
6.042 Bounty payments
6.043 Advance of earnings or loan from employer
6.044 Irregular charitable and voluntary payments
6.044A Third party payments to help clear arrears
6.045 Arrears of contributions to a child's custodian
6.046 Trust funds
6.047 Property
6.048 Notional capital
6.052 Capital available on application
6.054 Date to be taken into account
6.055 Spare
Deprivation of capital
6.056 General
6.057 Forms of capital to be considered
6.058 Ownership
6.059 Has deprivation occurred?
6.061 Purpose of disposing of an asset
6.063 Timing of the disposal
6.064 Conversion of capital to personal possessions
6.066 Deprivation decided
Diminishing notional capital
6.067 Calculation of the rate at which notional capital should reduce
7. Treatment of Property
7.001 General
7.002 Property to be disregarded
7.004 Meaning of relative
7.005 Meaning of incapacitated
7.006 Property acquired but not yet occupied
7.007 Discretion to disregard property
Property to be taken into account
7.009 Legal and beneficial owners
7.010 Legal ownership
7.011 Beneficial ownership
7.012 Joint beneficial ownership of property
7.015 Property held in a shared trust
7.016 Sale of jointly owned property
7.017 Property owned but rented to tenants
8. Income Other Than Earnings
General
8.001 What is income?
8.003 Treatment of income
8.005 Income taken fully into account
8.006 Social Security Benefits
8.007 Deductions from benefits
8.008 Industrial Injuries Disablement Benefit
8.009 Pneumoconiosis, byssinosis and miscellaneous diseases benefit scheme
8.010 Retirement Pension
8.011 Widow's benefits
8.012 Workmen's compensation
8.013 Annuity income
8.015 Income from certain disregarded capital
8.016 Income from insurance policies
8.017 Income from certain sub-lets
8.018 Third party payments made to meet higher fees
8.020 Trust Income
Income partly disregarded
8.021 £10 disregard
8.022 Overall disregard
8.023 War disablement pension
8.024 Other disregarded sums
8.024A Occupational Pensions
8.025 Annuity income from home income plan
8.031 Income from sub-letting
8.032 Income from boarders
8.033 Mortgage protection insurance policies
8.037 Income from certain disregarded capital
8.038 Income fully disregarded
8.039 Income Support paid for home commitments
8.041 Christmas Bonus
8.042 Payments from any of the Macfarlane Trusts the Funds or the Independent Living Funds
8.O42A Dependency increases paid with certain benefits
8.043 Gallantry awards
8.044 Income frozen abroad
8.045 Income in kind
8.O45A Payments made to trainees
8.046 War widow's special payments
8.049 Work expenses paid by employer
8.050 Expenses paid to voluntary workers Charitable and voluntary payments
8.051 General
8.054 £20 disregard
8.056 Full disregard
8.057 Payments to meet higher fees
8.058 Income treated as capital
8.059 Notional income
8.060 Actual and notional income
8.061 Treatment of notional income
8.062 Payments to the local authority by a third party
8.064 Income available on application
8.065 Amount of income
8.069A Personal Pensions and Retirement Annuity Contracts
8.070 Income due but not paid
8.071 Deprivation of income
8.072 Meaning of deprive
8.073 Questions for consideration
8.074 Was it the resident's income?
8.075 Has deprivation occurred?
8.07 1 Purpose of the disposal of income
8.078 Timing of the disposal of income
8.080 Conversion of income to a capital asset
8.081 Deprivation decided
9. Earnings
What are earnings?
9.001 General
9.003 Gross earnings
9.004 Net earnings of employed earners
9.005 Occupational pension
9.006 Personal pension
9.007 Statutory Sick Pay and Maternity Pay Period over which earning should be taken into account
9.008 Payments for regular periods
9.009 Payments which are not for fixed periods
9.010 Income Support in payment
9.011 Income Support not in payment
9.012 Net earnings of self-employed earners
9.013 Assessing the weekly net earnings of self-employed earners
9.0 15 Royalties or fees from copyright
9.016 Income Support in payment
9.017 Income Support not in payment
9.018 Disregards
9.020 People entitled to a £15 disregard
9.021 People who have ceased or interrupted employment
9.022 People who have ceased self-employment
9.023 Earnings frozen abroad
10. Trust funds
10.001 What is a trust?
10.003 Trustees
10.005 Identifying a trust
10.006 Treatment of trusts
10.007 Information needed
10.008 Absolute entitlement
10.009 Information needed
10.010 Absolute entitlement to capital
10.015 Absolute entitlement to income
10.018 Absolute entitlement to capital and income Discretionary trusts
10.019 Information needed
10.020 Treatment of discretionary payments Compensation for personal injury
10.023 Information needed
10.025 Treatment of capital
10.026 Treatment of income
11. Liability of Relatives
11.001 General
11.005 Seeking payments from a liable relative
11.007 Liable relative payments
11.008 Payments not treated as liable relative payments
11.009 Payments under separation or divorce settlement
11.010 Gifts from liable relatives
11.011 Payments to a third party in respect of the resident
11.013 Payments to the resident in respect of a third party
11.015 Treatment of liable relative payments
11.016 Periodical payments
11.020 Non-periodical payments
11.021 Income support in payment
11.022 Income support not in payment
11.023 Periodical and non-periodical payments
12. Students
12.001 General
Grant income
12.002 Sources of grant income
12.003 Period over which grant should be taken into account
12.004 Assessed contribution
12.005 Amount of grant income
Covenant income where there is no grant income
12.007 Meaning of covenant income
12.008 Deed of Covenant
12.009 Amount to be taken into account
12.011 Disregards
12.012 Student loans
12.013 Eligibility for student loans
12.014 Maximum student loans
12.0 16 Calculation of weekly income from student loans
12.017 Amount to be disregarded
12.018 Access funds
12.019 Treatment of payments
13. Transitional Provisions
Annex A Rates of Personal Expenses Allowance/Current Benefit Rates
Annex B Tariff Income from Capital
Annex C National Savings Certificate Values
Annex D Payment of Attendance Allowance/Disability Living Allowance (Care Component)
Annex E Payments of Income Support and Retirement Pension for Periods in Hospital
Annex F Legislation for payment of War Widows Special Payments

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