Regulation 11 Amendment of regulation 35 of the principal Regulations

at the end of sub-paragraph (d) for the words “(notional capital).” there shall be substituted the words “(notional capital); and”;

after sub-paragraph (d) there shall be added the following sub-paragraph—

“(e)

where the claimant has also claimed disability working allowance, the amount of disability working allowance or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital)^f1.”.

at the end of sub-paragraph (c) the word “and” shall be omitted;

at the end of sub-paragraph (d) for the words “obtained by 7.” there shall be substituted the words “obtained by 7; and”;

after sub-paragraph (d) there shall be added the following sub-paragraph—

“(e)

if the claimant would, but for regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital), have been entitled to disability working allowance or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 38(8)(a) of those Regulations (diminishing notional capital rule), which includes the last day of the relevant week, an amount equal to—

(i)

in a case where no disability working allowance is payable, the amount to which he would have been so entitled, or

(ii)

in any other case, the additional amount of disability working allowance to which he would have been so entitled.”.