{
  "url": "https://openlegislation.uk/disability-working-allowance-general-regulations-1991/regulation-6",
  "json_url": "https://openlegislation.uk/disability-working-allowance-general-regulations-1991/regulation-6.json",
  "legislation": "uksi/1991/2887",
  "legislation_title": "The Disability Working Allowance (General) Regulations 1991",
  "legislation_url": "https://openlegislation.uk/disability-working-allowance-general-regulations-1991",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Remunerative work",
  "text": "(1) For the purposes of Part VII of the Social Security Contributions and Benefits Act 1992 as it applies to disabled person’s tax credit and subject to paragraph (3), a person shall be treated as engaged in remunerative work where—\n(a) the work he undertakes is for not less than 16 hours per week;\n(b) the work is done for payment or in expectation of payment; and\n(c) he is employed at the date of claim and satisfies the requirements of paragraph (5).\n(2) A person who does not satisfy all the requirements of sub-paragraphs (a) to (c) of paragraph (1) shall not be treated as engaged ... in remunerative work.\n(3) A person who otherwise satisfies all the requirements of paragraph (1) shall not be treated as engaged in remunerative work insofar as—\n(a) he is engaged by a charitable or voluntary organisation or is a volunteer, where the only payment received by him or due to be paid to him is a payment which is to be disregarded under regulation 27(2) and paragraph 2 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings);\n(b) he is engaged in caring for a person in respect of whom he receives payments to which paragraph 24 of Schedule 3 refers; or\n(c) he is engaged on a scheme for which a training allowance is being paid.\n(e) he is engaged in an activity in respect of which—\n(i) a sports award has been made, or is to be made, to him; and\n(ii) no other payment is made or is expected to be made to him or\n(f) he is in receipt of an employment zone subsistence allowance.\n(4) Subject to paragraphs (4A) and (4B), in determining for the purposes of sub-paragraph (a) of paragraph (1) whether a person has undertaken work of not less than 16 hours per week—\n(a) there shall be included in the calculation any time allowed—\n(i) for meals or refreshment; or\n(ii) for visits to a hospital, clinic or other establishment for the purpose only of treating or monitoring the person’s disability, respect of that time; and\n(b) where at the date of claim the claimant has within the previous 5 weeks—\n(i) started a new job;\n(ii) resumed work after a break of at least 13 weeks; or\n(iii) changed his hours, hours, or where these are expected to fluctuate, the average number of hours, which he is expected to work in a week; or\n(c) where none of heads (i) to (iii) of sub-paragraph (b) of sub-paragraph (b) apply, and\n(i) a recognised cycle of working has been established at the date of claim, the hours worked shall be calculated by reference to the average number of hours worked in a week over the period of one complete cycle (including where the cycle involves periods in which the person does not work, those periods, but disregarding any other absences); or\n(ii) no recognised cycle of working has been established at that date, the hours worked shall be calculated by reference to the average number of hours worked over the 5 weeks immediately preceding the week in which the claim is made, or such other length of time preceding that week as may, in the particular case, enable the person’s weekly average hours of work to be determined more accurately or\n(d) in the case of a woman on maternity leave at the date of the claim, the hours worked shall be calculated on the basis of a declaration made by her of the average hours worked per week prior to the commencement of her maternity leave.\n(4A) Where for the purpose of paragraph (4)(c)(i), a person’s recognised cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.\n(4B) Any period where a person is absent from work by reason of jury service shall be disregarded in establishing the average hours for which he is engaged in work.\n(5) Subject to paragraph (6), the requirements of this paragraph are that the person—\n(a) worked not less than 16 hours in either—\n(i) the week of claim; or\n(ii) either of the two weeks immediately preceding the week of claim; or\n(b) is expected by his employer to work or, where he is a self-employed earner he expects to work, not less than 16 hours in the week next following the week of claim; or\n(c) cannot satisfy the requirements of sub-paragraph (a) or (b) above at the date of claim because he is or will be absent from work by reason of a recognised, customary or other holiday but he is expected by his employer to work or, where he is a self-employed earner he expects to work, not less than 16 hours in the week following his return to work, sub-paragraph (a) of paragraph (4) shall apply to this paragraph as it applies to sub-paragraph (a) of paragraph (1) or\n(d) cannot satisfy the requirements of sub-paragraph (a) or (b) above and at the date of claim he is absent from work by reason of jury service but he is expected by his employer to work or, where he is a self-employed earner, he expects to work, not less than 16 hours in the week following his return to work from that jury service, or\n(e) cannot satisfy the requirements of sub-paragraph (a) or (b) above at the date of claim because she is on maternity leave at that date but—\n(i) prior to the commencement of her maternity leave, she worked, on average, not less than 16 hours a week, and\n(ii) she is entitled to maternity allowance or statutory maternity pay at the date of the claim.\n(6) For the purposes of paragraph (5)—\n(a) work which a person does only qualifies if—\n(i) it is the work which he normally does, and\n(ii) it is likely to last for a period of 5 weeks or more beginning with the week in which the claim is made; and\n(b) a person shall be treated as not on a recognised, customary or other holiday on any day on which the person is on maternity leave or is absent from work because he is ill.\n(7) Where a person is treated as engaged in remunerative work in accordance with the above paragraphs, he shall also be treated as normally engaged in remunerative work.\n(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 6(1) substituted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 6(1) substituted (5.10.1999) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/2487), regs. 1(1), 26(2), Sch. 2 para. 2(iv)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 6(2) omitted (5.10.1992) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 6(3) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(b), 2(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 6(3)(e) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 4(2)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 6(3)(f) and word inserted (with effect in accordance with reg. 4(6) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 4(1)(2)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 6(4) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(b), 3(a)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 6(4) substituted (with effect in accordance with reg. 4(6) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 4(1)(3)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 6(4)(c) substituted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(c)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 6(4)(c) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 3) Regulations 2001 (S.I. 2001/892), regs. 1(2), 4(2)(a)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Reg. 6(4)(d) and word inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 3) Regulations 2001 (S.I. 2001/892), regs. 1(2), 4(2)(b)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Reg. 6(4A) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(b), 3(b)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Reg. 6(4B) inserted (with effect in accordance with reg. 4(6) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 4(1)(4)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 6(5)(b) inserted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(d)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in reg. 6(5)(c) inserted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(d)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Reg. 6(5)(d) and word inserted (with effect in accordance with reg. 4(6) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 4(1)(5)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Reg. 6(5)(e) and word added (with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 3) Regulations 2001 (S.I. 2001/892), regs. 1(2), 4(3)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Reg. 6(6) substituted (5.10.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(b), 37 (with reg. 1(3))"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Reg. 6(7) added (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(e)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Reg. 6(8) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(b), 3(c)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 6 modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 13(4) (with regs. 1(2), 11, 19)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 6 in force at 7.4.1992, see reg. 1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2001/1334",
      "affecting_title": "The Tax Credits (New Deal Consequential Amendments) Regulations 2001"
    },
    {
      "type": "added",
      "affecting": "uksi/2003/44",
      "affecting_title": "The Tax Credits (Miscellaneous Amendments) Regulations 2003"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2003/44",
      "affecting_title": "The Tax Credits (Miscellaneous Amendments) Regulations 2003"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2887/regulation/6",
    "retrieved_at": "2026-10-31T10:31:00.399326+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}