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Document Overview
AI Summary of Schedule 3, Part 3 State Pension (Non-Contributory)
The document outlines the criteria for calculating the means of a person regarding benefits entitlement. It specifies that the weekly value of investments, excluding personal property and leased farms, must be considered, alongside all cash income and certain prescribed non-cash benefits. Specific exclusions include maintenance payments and various agricultural scheme payments. Income attributed to property used for personal enjoyment and leased farmland is also to be considered.
Additionally, provisions are made to prevent individuals from depriving themselves of income or property to qualify for pensions at higher rates. The document details calculations for couples living together, adjustments for separation payments, and disregards certain pensions and allowances in means assessments. Finally, the Minister has the authority to modify regulations regarding property values in the means calculation.
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Schedule 3, Part 3 State Pension (Non-Contributory)
Amendments (requiring commencement) by s. 13(i) of the Social Welfare and Pensions Act 2008 (No. 2), published 7 March 2008.
1. Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following:
(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated in accordance with reference 1 of Table 1 to this Schedule, constitutes the weekly means of a person from that property, but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;
(2) all income in cash (including the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but -
(a) excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and
(b) excluding -