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Statutory Instrument 1991 No. 2887

The Disability Working Allowance (General) Regulations 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 2887

SOCIAL SECURITY

The Disability Working Allowance (General) Regulations 1991

Made18th December 1991
Coming into force7th April 1992


ARRANGEMENT OF REGULATIONS

PART I
GENERAL
1. Citation and commencement
2. Interpretation
PART II
DISABILITY TEST
3. Person at a disadvantage in getting a job
4. Declaration by claimant
PART III
PRESENCE IN GREAT BRITAIN AND REMUNERATIVE WORK
5. Circumstances in which a person is treated as being or as not being in Great Britain
6. Remunerative work
7. Income-related benefits
PART IV
MEMBERSHIP OF A FAMILY
8. Persons of a prescribed description
9. Circumstances in which a person is to be treated as responsible or not responsible for another
10. Membership of the same household
11. Circumstances in which a person is to be treated as being no longer a member of the same household
PART V
INCOME AND CAPITAL
CHAPTER I:
GENERAL
12. Calculation of income and capital of members of claimant's family and of a polygamous marriage
13. Calculation of income and capital of students
14. Rounding of fractions
CHAPTER II:
NORMAL WEEKLY INCOME
15. Calculation of income on a weekly basis
16. Normal weekly earnings of employed earners
17. Normal weekly earnings of self-employed earners
18. Normal weekly income other than earnings
19. Periods to be disregarded
20. Calculation of weekly amount of income
CHAPTER III:
EMPLOYED EARNERS
21. Earnings of employed earners
22. Calculation of net earnings of employed earners
23. Calculation of bonus or commission
CHAPTER IV:
SELF-EMPLOYED EARNERS
24. Earnings of self-employed earners
25. Calculation of net profit of self-employed earners
26. Deductions of tax and contributions for self-employed earners
CHAPTER V:
OTHER INCOME
27. Calculation of income other than earnings
28. Capital treated as income
29. Notional income
30. Modifications in respect of children and young persons
CHAPTER VI:
CAPITAL
31. Capital limit
32. Calculation of capital
33. Disregard of capital of child or young person
34. Income treated as capital
35. Calculation of capital in the United Kingdom
36. Calculation of capital outside the United Kingdom
37. Notional capital
38. Diminishing notional capital rule
39. Capital jointly held
40. Calculation of tariff income from capital
CHAPTER VII:
STUDENTS
41. Interpretation
42. Calculation of grant income
43. Calculation of covenant income where a contribution is assessed
44. Covenant income where no grant income or no contribution is assessed
45. Relationship with amounts to be disregarded under Schedule 3
46. Other amounts to be disregarded
47. Treatment of student loans
48. Disregard of contribution
49. Disregard of tax refund
50. Disregard of changes occurring during summer vacation
PART VI
CALCULATION OF ENTITLEMENT
51. Determination of appropriate maximum disability working allowance
52. Applicable amount of disability working allowance
53. Entitlement to disability working allowance where income exceeds the applicable amount
PART VII
CHANGES OF CIRCUMSTANCES
54. Death of claimant
55. Prevention of duplication of awards of family credit, disability working allowance and income support
56. Overlapping awards of disability working allowance
PART VIII
ENTITLEMENT TO FAMILY CREDIT AND DISABILITY WORKING ALLOWANCE
57. Family Credit and Disability Working Allowance
58. Amendment of the Family Credit (General) Regulations 1987

SCHEDULES

 1. Disability which puts a person at a disadvantage in getting a job

 2. Sums to be disregarded in the calculation of earnings

 3. Sums to be disregarded in the calculation of income other than earnings

 4. Capital to be disregarded

 5. Determination of maximum disability working allowance: adult, child and young person allowance.

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