Subject to paragraphs (2) and (3), in calculating the disposable capital of the individual, the amount or value of the subject matter of the dispute to which the application relates must be disregarded.
The total amount to be disregarded under this regulation must not exceed £100,000.
If—
the subject matter of the dispute includes interests of the individual in—
the main or only dwelling in which the individual resides; and
other resources of a capital nature; and
the total value of those interests (after the application of regulation 37) exceeds £100,000,
the Director must disregard the value of the individual's interests in their main or only dwelling first.
Where the individual resides in more than one dwelling, the Director must decide which is the main dwelling for the purposes of this regulation and regulation 39.