The Disability Working Allowance (General) Regulations 1991
S.I. 1991/2887 · Made 18 December 1991 · Extends to England, Wales and Scotland
SOCIAL SECURITY
Made 18th December 1991
Coming into force 7th April 1992
Whereas a draft of this instrument was laid before Parliament in accordance with section 12(1) of the Disability Living Allowance and Disability Working Allowance Act 1991f1 and approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by section 20(1), (5)(bb), (6A)(d), (6C) to (6F), (11) and (12), section 21(3B) and (6)(aa), section 22(1) and (5) to (9), section 27B(2) and (4) and section 84(1) of the Social Security Act 1986f2 and section 166(1) to (3A) of the Social Security Act 1975f3 and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made consequential upon sections 6 and 7 of the Disability Living Allowance and Disability Working Allowance Act 1991, hereby makes the following Regulations:C1
Annotations to the whole text
Modifications
- C1
Regulations modified (2.4.1999) by The New Deal (25 plus) (Miscellaneous Provisions) Order 1999 (S.I. 1999/779), arts. 1(1), 2, Sch.
Footnotes
- f1
- f2
-
1986 c. 50; paragraph (bb) is inserted in subsection (1) of section 20 by section 6(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21) (“the 1991 Act”); paragraph (bb) is inserted in subsection (5) of section 20 by section 8(1) of the 1991 Act; subsection (6A) and (6C) to (6F) are inserted in section 20 by section 6(4) of the 1991 Act; subsection (3B) is inserted in section 21 by section 6(8) of the 1991 Act; paragraph (aa) is inserted in subsection (6) of section 21 by section 6(9) of the 1991 Act; section 27B is inserted by section 7(1) of the 1991 Act; section 84(1) is cited because of the meanings it ascribes to the words “prescribed” and “regulations”.
- f3
-
1975 c. 14; section 166(3) was amended by paragraph 10(1) of Schedule 8 to the Social Security Act 1989 (c. 24); subsection (3A) is inserted in section 166 by section 62 of the Social Security Act 1986; section 166(1) to (3A) (extent of powers) is applied to powers conferred by the Social Security Act 1986 by section 83(1) of that Act.
Contents
- Part I: GENERAL
- 1Citation and commencement
- 2Interpretation
- 2ADisapplication of section 1(1A) of the Administration Act
- Part II: DISABILITY TEST
- 3Person at a disadvantage in getting a job
- 4Declaration by claimant
- Part III: PRESENCE IN GREAT BRITAIN AND REMUNERATIVE WORK
- 5Circumstances in which a person is treated as being or as not being in Great Britain
- 6Remunerative work
- 6AFurther provision as to remunerative work
- 7Income-related benefits
- 7ADefinition of “training for work"
- 7BDays to be disregarded
- Part IV: MEMBERSHIP OF A FAMILY
- 8Persons of a prescribed description
- 9Circumstances in which a person is to be treated as reponsible or not responsible for another
- 10Membership of the same household
- 11Circumstances in which a person is to be treated as being no longer a member of the same household
- Part V: INCOME AND CAPITAL
- GENERAL
- 12Calculation of income and capital of members of claimant’s family and of a polygamous marriage
- 13Calculation of income and capital of students
- 14Rounding of fractions
- NORMAL WEEKLY INCOME
- 15Calculation of income on a weekly basis
- 15ATreatment of child care charges Repealed
- 16Normal weekly earnings of employed earners
- 17Normal weekly earnings of self-employed earners
- 18Normal weekly income other than earnings
- 19Periods to be disregarded
- 20Calculation of weekly amount of income
- EMPLOYED EARNERS
- 21Earnings of employed earners
- 22Calculation of net earnings of employed earners
- 23Calculation of bonus or commission
- SELF-EMPLOYED EARNERS
- 24Earnings of self-employed earners
- 25Calculation of net profit of self-employed earners
- 26Deduction of tax and contributions for self-employed earners
- OTHER INCOME
- 27Calculation of income other than earnings
- 28Capital treated as income
- 29Notional income
- 30Modifications in respect of children and young persons
- CAPITAL
- 31Capital limit
- 32Calculation of capital
- 33Disregard of capital of child or young person
- 34Income treated as capital
- 35Calculation of capital in the United Kingdom
- 36Calculation of capital outside the United Kingdom
- 37Notional capital
- 38Diminishing notional capital rule
- 39Capital jointly held
- 40Calculation of tariff income from capital
- STUDENTS
- 41Interpretation
- 42Calculation of grant income
- 43Calculation of covenant income where a contribution is assessed
- 44Covenant income where no grant income or no contribution is assessed
- 45Relationship with amounts to be disregarded under Schedule 3
- 46Other amounts to be disregarded
- 46ACalculation of capital—lump sum access fund payment
- 47Treatment of student loans
- 48Disregard of contribution
- 48AFurther disregard of student’s income
- 49Disregard of tax refund
- 50Disregard of changes occurring during summer vacation
- Part VI: CALCULATION OF ENTITLEMENT
- 51Determination of appropriate maximum disabled person’s tax credit
- 51ATreatment of childcare charges
- 52Applicable amount
- 53Entitlement to disability working allowance where income exceeds the applicable amount
- 53AEntitlement to disabled person’s tax credit under section 129(2C) of the Contributions and Benefits Act
- Part VII: CHANGES OF CIRCUMSTANCES
- 54Death of claimant
- 54ASurrendering an award following birth or adoption etc. of child
- 55Prevention of duplication of awards of working families' tax credit, disabled person’s tax credit and income support
- 56Overlapping awards
- 56AReduced benefit direction Repealed
- Part VIII: ENTITLEMENT TO FAMILY CREDIT AND DISABILITY WORKING ALLOWANCE
- 57Prescribed circumstances for entitlement to disability working allowance
- 58Amendment of the Family Credit (General) Regulations 1987
- Signature
- Schedule 1: DISABILITY WHICH PUTS A PERSON AT A DISADVANTAGE IN GETTING A JOB
- Part I
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Part II
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Part III
- 25Paragraph 25
- Schedule 2: SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 3: SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 11AParagraph 11A
- 11BParagraph 11B
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 25AParagraph 25A
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 59Paragraph 59
- 60Paragraph 60
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- Schedule 4: CAPITAL TO BE DISREGARDED
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 24AParagraph 24A
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- Schedule 5DETERMINATION OF APPROPRIATE MAXIMUM DISABLED PERSON'S TAX CREDIT (EXCLUDING CHILDCARE TAX CREDIT)
- Explanatory note