# The Disability Working Allowance (General) Regulations 1991, Regulation 18: Normal weekly income other than earnings

Extent: E+W+S

(1) Subject to paragraphs (2) and (2A), where a claimant’s normal weekly income does not consist of earnings, or includes income that does not consist of earnings, that income shall be determined by taking account of his weekly income over a period of 26 weeks immediately preceding the week in which the date of claim falls or over such period immediately preceding that week as may, in any particular case, enable his normal weekly income to be determined more accurately.
(2) Where a claimant’s income consists of any payments made by a person, whether under a court order or not, for the maintenance of any member of the claimant’s family, and those payments are made or due to be made at regular intervals, his normal weekly income shall , except where paragraph (2A) applies, be determined—
(a) if before the date of claim those payments are made at regular intervals and of regular amounts, by taking account of the normal weekly amount;
(b) if they are not so made, by taking account of the average of such payments received in the 13 weeks immediately preceding the week in which the date of claim falls.
(2A) Where a claimant’s income consists of child support maintenance, his normal weekly income in respect of that maintenance shall be determined—
(a) if before the date of claim those maintenance payments are made at regular intervals and of regular amounts, by taking account of the normal weekly amount;
(b) if they are not so made, except in a case to which sub-paragraph (c) applies, by taking account of the average of such payments received in the 13 weeks immediately preceding the week in which the date of claim falls,
(c) where the maintenance assessment has been notified to the claimant under regulation 10 of the Child Support (Maintenance Assessment Procedure) Regulations 1992 during the 13 weeks immediately preceding the week of claim, by taking account of the average of such payments, calculated on a weekly basis, received in the interim period,
and if the resulting sum exceeds the amount of child support maintenance due under the maintenance assessment, the normal weekly income shall be the amount due under the maintenance assessment.
(3) For the purposes of this regulation, income other than earnings shall be calculated in accordance with Chapter V of this Part.
(4) In this regulation—
(a) “child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991;
(b) “maintenance assessment” has the same meaning as in the Child Support Act 1991 by virtue of section 54 of that Act.
(c) “the interim period” means the week in which the date of notification of the maintenance assessment falls and the subsequent period up to and including the week immediately preceding the week of claim.

---
Source: https://www.legislation.gov.uk/uksi/1991/2887/regulation/18 (the official version)
Page: https://openlegislation.uk/disability-working-allowance-general-regulations-1991/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.