51²è¹Ý

The Tax Credits (Definition and Calculation of Income) Regulations 2002, Reg.16

If income would become available to a person if he applied for it, then he is treated as having that income, even if he has not received it.

This does not apply to income payable under:

• a trust derived from a payment made because of a personal injury or
• under a personal pension scheme or retirement annuity contract
• an award of damages for personal injury which is administered by the court or
• as a rehabilitation allowance made under specified legislation section 2 of Employment Act

nor does it apply to income either

• by way of a Category A or Category B retirement pension (as defined by the Contributions and 51²è¹Ý Act) or
• by way of a graduated retirement benefit (a pension payable under section 36 or 37 of the National Insurance Act 1965 or section 35 and 36 of the National Insurance Act (Northern Ireland)1966(a) or
• by way of a shared additional pension (a pension payable by virtue of section 55A of the Contributions and 51²è¹Ý Act or section 55A of the Northern Ireland contributions and 51²è¹Ý Act)

payment of which has been deferred.