The Disability Working Allowance (General) Regulations (Northern Ireland) 1992
S.R. 1992/78 · Made 2 March 1992
SOCIAL SECURITY
Made 2nd March 1992
Coming into operation 7th April 1992
The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 21(1), (5)(bb), (6A)(d), (6C) to (6F), (11) and (12), 22(3B) and (6)(aa), 23(1) and (5) to (9) and 28B(2) and (4) of the Social Security (Northern Ireland) Order 1986f1 and of all other powers enabling it in that behalf, hereby makes the following regulations:
Annotations to the whole text
Footnotes
- f1
-
S.I. 1986/1888 (N.I. 18); Article 21(1) was amended by Article 8(2) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (S.I. 1991/1712 (N.I. 17)), paragraph (5)(bb) was inserted by Article 10(1) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991, paragraphs (6A) and (6C) to (6F) were inserted by Article 8(4) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991, paragraph (11) was amended by Article 7(1) of the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)) and Article 8(6) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991, paragraph (12) was amended by Article 15(2) of the Social Security (Northern Ireland) Order 1989 and Article 8(7) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991. Article 22(3B) was inserted by Article 8(8) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 and paragraph (6)(aa) was inserted by Article 8(9) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991. Article 28B was inserted by Article 9 of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991. Article 81(1) provides for section 155(1) to (3A) of the Social Security (Northern Ireland) Act 1975 (c. 15) (extent of powers) to apply to the regulation making powers conferred by this Order; section 155(3A) was inserted by Article 63(1)
Contents
- Part I: GENERAL
- 1Citation and commencement
- 2Interpretation
- Part II: DISABILITY TEST
- 3Person at a disadvantage in getting a job
- 4Declaration by claimant
- Part III: PRESENCE IN NORTHERN IRELAND AND REMUNERATIVE WORK
- 5Circumstances in which a person is treated as being or as not being in Northern Ireland
- 6Remunerative work
- 7Income-related benefits
- Part IV: MEMBERSHIP OF A FAMILY
- 8Persons of a prescribed description
- 9Circumstances in which a person is to be treated as responsible 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
- 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
- 44Calculation of covenant income where no grant income or no contribution is assessed
- 45Relationship with amounts to be disregarded under Schedule 3
- 46Other amounts to be disregarded
- 47Treatment of student loans
- 48Disregard of contribution
- 49Disregard of tax refund
- 50Disregard of changes occurring during summer vacation
- Part VI: CALCULATION OF ENTITLEMENT
- 51Determination of appropriate maximum disability working allowance
- 52Applicable amount
- 53Entitlement to disability working allowance where income exceeds the applicable amount
- Part VII: CHANGES OF CIRCUMSTANCES
- 54Death of claimant
- 55Prevention of duplication of awards of disability working allowance, family credit and income support
- 56Overlapping awards of disability working allowance
- Part VIII: ENTITLEMENT TO DISABILITY WORKING ALLOWANCE AND FAMILY CREDIT
- 57Prescribed circumstances for entitlement to disability working allowance
- Part IX: AMENDMENT OF THE FAMILY CREDIT (GENERAL) REGULATIONS (NORTHERN IRELAND) 1987
- 58Amendment of the Family Credit (General) Regulations (Northern Ireland) 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
- 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
- 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
- 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
- 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
- Schedule 5Determination of appropriate maximum disability working allowance: claimant, child and young person allowance
- Explanatory note