Subject to paragraphs (2) and (3), in calculating the disposable capital of the individual, the value (after the application of regulations 37 and 38) of the individual's interest (if any) in the main or only dwelling in which the individual resides must be disregarded.
The total amount to be disregarded under this regulation must not exceed £100,000.
Where an individual (“A”) resides in a dwelling other than the main or only dwelling in which A has an interest, the Director must apply paragraph (1) to A’s interest in the main or only dwelling where the following conditions are met—
For the purposes of paragraph (3), when determining A’s main or only dwelling the Director must exclude the dwelling in which A’s residence is temporary.
In this regulation, “associated” and “domestic abuse” have the same meanings as in paragraph 12 of Part 1 of Schedule 1 to the Act.