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The Disability Working Allowance (General) Regulations (Northern Ireland) 1992

S.R. 1992/78 · Made 2 March 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: DISABILITY TEST
  5. 3Person at a disadvantage in getting a job
  6. 4Declaration by claimant
  7. Part III: PRESENCE IN NORTHERN IRELAND AND REMUNERATIVE WORK
  8. 5Circumstances in which a person is treated as being or as not being in Northern Ireland
  9. 6Remunerative work
  10. 7Income-related benefits
  11. Part IV: MEMBERSHIP OF A FAMILY
  12. 8Persons of a prescribed description
  13. 9Circumstances in which a person is to be treated as responsible or not responsible for another
  14. 10Membership of the same household
  15. 11Circumstances in which a person is to be treated as being no longer a member of the same household
  16. Part V: INCOME AND CAPITAL
  17. GENERAL
  18. 12Calculation of income and capital of members of claimant’s family and of a polygamous marriage
  19. 13Calculation of income and capital of students
  20. 14Rounding of fractions
  21. NORMAL WEEKLY INCOME
  22. 15Calculation of income on a weekly basis
  23. 16Normal weekly earnings of employed earners
  24. 17Normal weekly earnings of self-employed earners
  25. 18Normal weekly income other than earnings
  26. 19Periods to be disregarded
  27. 20Calculation of weekly amount of income
  28. EMPLOYED EARNERS
  29. 21Earnings of employed earners
  30. 22Calculation of net earnings of employed earners
  31. 23Calculation of bonus or commission
  32. SELF-EMPLOYED EARNERS
  33. 24Earnings of self-employed earners
  34. 25Calculation of net profit of self-employed earners
  35. 26Deduction of tax and contributions for self-employed earners
  36. OTHER INCOME
  37. 27Calculation of income other than earnings
  38. 28Capital treated as income
  39. 29Notional income
  40. 30Modifications in respect of children and young persons
  41. CAPITAL
  42. 31Capital limit
  43. 32Calculation of capital
  44. 33Disregard of capital of child or young person
  45. 34Income treated as capital
  46. 35Calculation of capital in the United Kingdom
  47. 36Calculation of capital outside the United Kingdom
  48. 37Notional capital
  49. 38Diminishing notional capital rule
  50. 39Capital jointly held
  51. 40Calculation of tariff income from capital
  52. STUDENTS
  53. 41Interpretation
  54. 42Calculation of grant income
  55. 43Calculation of covenant income where a contribution is assessed
  56. 44Calculation of covenant income where no grant income or no contribution is assessed
  57. 45Relationship with amounts to be disregarded under Schedule 3
  58. 46Other amounts to be disregarded
  59. 47Treatment of student loans
  60. 48Disregard of contribution
  61. 49Disregard of tax refund
  62. 50Disregard of changes occurring during summer vacation
  63. Part VI: CALCULATION OF ENTITLEMENT
  64. 51Determination of appropriate maximum disability working allowance
  65. 52Applicable amount
  66. 53Entitlement to disability working allowance where income exceeds the applicable amount
  67. Part VII: CHANGES OF CIRCUMSTANCES
  68. 54Death of claimant
  69. 55Prevention of duplication of awards of disability working allowance, family credit and income support
  70. 56Overlapping awards of disability working allowance
  71. Part VIII: ENTITLEMENT TO DISABILITY WORKING ALLOWANCE AND FAMILY CREDIT
  72. 57Prescribed circumstances for entitlement to disability working allowance
  73. Part IX: AMENDMENT OF THE FAMILY CREDIT (GENERAL) REGULATIONS (NORTHERN IRELAND) 1987
  74. 58Amendment of the Family Credit (General) Regulations (Northern Ireland) 1987
  75. Signature
  76. Schedule 1: Disability which puts a person at a disadvantage in getting a job
  77. Part I
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. 7Paragraph 7
  85. 8Paragraph 8
  86. 9Paragraph 9
  87. 10Paragraph 10
  88. 11Paragraph 11
  89. 12Paragraph 12
  90. 13Paragraph 13
  91. 14Paragraph 14
  92. 15Paragraph 15
  93. 16Paragraph 16
  94. 17Paragraph 17
  95. 18Paragraph 18
  96. 19Paragraph 19
  97. 20Paragraph 20
  98. Part II
  99. 21Paragraph 21
  100. 22Paragraph 22
  101. 23Paragraph 23
  102. 24Paragraph 24
  103. Part III
  104. 25Paragraph 25
  105. Schedule 2: Sums to be disregarded in the calculation of earnings
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. 3Paragraph 3
  109. Schedule 3: Sums to be disregarded in the calculation of income other than earnings
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. 4Paragraph 4
  114. 5Paragraph 5
  115. 6Paragraph 6
  116. 7Paragraph 7
  117. 8Paragraph 8
  118. 9Paragraph 9
  119. 10Paragraph 10
  120. 11Paragraph 11
  121. 12Paragraph 12
  122. 13Paragraph 13
  123. 14Paragraph 14
  124. 15Paragraph 15
  125. 16Paragraph 16
  126. 17Paragraph 17
  127. 18Paragraph 18
  128. 19Paragraph 19
  129. 20Paragraph 20
  130. 21Paragraph 21
  131. 22Paragraph 22
  132. 23Paragraph 23
  133. 24Paragraph 24
  134. 25Paragraph 25
  135. 26Paragraph 26
  136. 27Paragraph 27
  137. 28Paragraph 28
  138. 29Paragraph 29
  139. 30Paragraph 30
  140. 31Paragraph 31
  141. 32Paragraph 32
  142. 33Paragraph 33
  143. 34Paragraph 34
  144. 35Paragraph 35
  145. 36Paragraph 36
  146. 37Paragraph 37
  147. 38Paragraph 38
  148. 39Paragraph 39
  149. 40Paragraph 40
  150. 41Paragraph 41
  151. 42Paragraph 42
  152. 43Paragraph 43
  153. 44Paragraph 44
  154. 45Paragraph 45
  155. 46Paragraph 46
  156. 47Paragraph 47
  157. Schedule 4: Capital to be disregarded
  158. 1Paragraph 1
  159. 2Paragraph 2
  160. 3Paragraph 3
  161. 4Paragraph 4
  162. 5Paragraph 5
  163. 6Paragraph 6
  164. 7Paragraph 7
  165. 8Paragraph 8
  166. 9Paragraph 9
  167. 10Paragraph 10
  168. 11Paragraph 11
  169. 12Paragraph 12
  170. 13Paragraph 13
  171. 14Paragraph 14
  172. 15Paragraph 15
  173. 16Paragraph 16
  174. 17Paragraph 17
  175. 18Paragraph 18
  176. 19Paragraph 19
  177. 20Paragraph 20
  178. 21Paragraph 21
  179. 22Paragraph 22
  180. 23Paragraph 23
  181. 24Paragraph 24
  182. 25Paragraph 25
  183. 26Paragraph 26
  184. 27Paragraph 27
  185. 28Paragraph 28
  186. 29Paragraph 29
  187. 30Paragraph 30
  188. 31Paragraph 31
  189. 32Paragraph 32
  190. 33Paragraph 33
  191. 34Paragraph 34
  192. 35Paragraph 35
  193. 36Paragraph 36
  194. 37Paragraph 37
  195. 38Paragraph 38
  196. 39Paragraph 39
  197. 40Paragraph 40
  198. 41Paragraph 41
  199. 42Paragraph 42
  200. 43Paragraph 43
  201. Schedule 5Determination of appropriate maximum disability working allowance: claimant, child and young person allowance
  202. Explanatory note