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

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART II DISABILITY TEST

   1. 3. Person at a disadvantage in getting a job

   2. 4. Declaration by claimant

4. PART III PRESENCE IN NORTHERN IRELAND AND REMUNERATIVE WORK

   1. 5. Circumstances in which a person is treated as being or as not being in Northern Ireland

   2. 6. Remunerative work

   3. 7. Income-related benefits

5. PART IV MEMBERSHIP OF A FAMILY

   1. 8. Persons of a prescribed description

   2. 9. Circumstances in which a person is to be treated as responsible or not responsible for another

   3. 10. Membership of the same household

   4. 11. Circumstances in which a person is to be treated as being no longer a member of the same household

6. PART V INCOME AND CAPITAL

   1. CHAPTER I: GENERAL

      1. 12. Calculation of income and capital of members of claimant’s family and of a polygamous marriage

      2. 13. Calculation of income and capital of students

      3. 14. Rounding of fractions

   2. CHAPTER II: NORMAL WEEKLY INCOME

      1. 15. Calculation of income on a weekly basis

      2. 16. Normal weekly earnings of employed earners

      3. 17. Normal weekly earnings of self-employed earners

      4. 18. Normal weekly income other than earnings

      5. 19. Periods to be disregarded

      6. 20. Calculation of weekly amount of income

   3. CHAPTER III: EMPLOYED EARNERS

      1. 21. Earnings of employed earners

      2. 22. Calculation of net earnings of employed earners

      3. 23. Calculation of bonus or commission

   4. CHAPTER IV: SELF-EMPLOYED EARNERS

      1. 24. Earnings of self-employed earners

      2. 25. Calculation of net profit of self-employed earners

      3. 26. Deduction of tax and contributions for self-employed earners

   5. CHAPTER V: OTHER INCOME

      1. 27. Calculation of income other than earnings

      2. 28. Capital treated as income

      3. 29. Notional income

      4. 30. Modifications in respect of children and young persons

   6. CHAPTER VI: CAPITAL

      1. 31. Capital limit

      2. 32. Calculation of capital

      3. 33. Disregard of capital of child or young person

      4. 34. Income treated as capital

      5. 35. Calculation of capital in the United Kingdom

      6. 36. Calculation of capital outside the United Kingdom

      7. 37. Notional capital

      8. 38. Diminishing notional capital rule

      9. 39. Capital jointly held

      10. 40. Calculation of tariff income from capital

   7. CHAPTER VII: STUDENTS

      1. 41. Interpretation

      2. 42. Calculation of grant income

      3. 43. Calculation of covenant income where a contribution is assessed

      4. 44. Calculation of covenant income where no grant income or no contribution is assessed

      5. 45. Relationship with amounts to be disregarded under Schedule 3

      6. 46. Other amounts to be disregarded

      7. 47. Treatment of student loans

      8. 48. Disregard of contribution

      9. 49. Disregard of tax refund

      10. 50. Disregard of changes occurring during summer vacation

7. PART VI CALCULATION OF ENTITLEMENT

   1. 51. Determination of appropriate maximum disability working allowance

   2. 52. Applicable amount

   3. 53. Entitlement to disability working allowance where income exceeds the applicable amount

8. PART VII CHANGES OF CIRCUMSTANCES

   1. 54. Death of claimant

   2. 55. Prevention of duplication of awards of disability working allowance, family credit and income support

   3. 56. Overlapping awards of disability working allowance

9. PART VIII ENTITLEMENT TO DISABILITY WORKING ALLOWANCE AND FAMILY CREDIT

   1. 57. Prescribed circumstances for entitlement to disability working allowance

10. PART IX AMENDMENT OF THE FAMILY CREDIT (GENERAL) REGULATIONS (NORTHERN IRELAND) 1987

    1. 58. Amendment of the Family Credit (General) Regulations (Northern Ireland) 1987

11. Signature

12. 1. SCHEDULE 1

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

       1. PART I

          1. 1. When standing he cannot keep his balance unless he continually...

          2. 2. Using any crutches, walking frame, walking stick, prosthesis or similar...

          3. 3. He can use neither of his hands behind his back...

          4. 4. He can extend neither of his arms in front of...

          5. 5. He can put neither of his hands up to his...

          6. 6. Due to lack of manual dexterity he cannot pick up...

          7. 7. He is not able to use his hands or arms...

          8. 8. He can turn neither of his hands sideways through 180...

          9. 9. He is registered as blind or partially sighted in pursuance...

          10. 10. He cannot see to read 16 point print at a...

          11. 11. He cannot hear a telephone ring when he is in...

          12. 12. In a quiet room he has difficulty hearing what someone...

          13. 13. People who know him well have difficulty in understanding what...

          14. 14. When a person he knows well speaks to him he...

          15. 15. At least once a year during waking hours he is...

          16. 16. He has a mental illness for which he receives regular...

          17. 17. Due to mental disability he is often confused or forgetful....

          18. 18. He cannot do the simplest addition and subtraction.

          19. 19. Due to mental disability he strikes people or damages property...

          20. 20. He cannot normally sustain an 8 hour working day or...

       2. PART II

          1. 21. Subject to paragraph 24, there is payable to him—

          2. 22. Subject to paragraph 24, for one or more of the...

          3. 23. Subject to paragraph 24, he has an invalid carriage or...

          4. 24. Paragraphs 21 to 23 are subject to the condition that...

       3. PART III

          1. 25. As a result of an illness or accident he is...

    2. SCHEDULE 2

       Sums to be disregarded in the calculation of earnings

       1. 1. Any earnings derived from employment which are payable in a...

       2. 2. Any earnings of a child or young person.

       3. 3. Where a payment of earnings is made in a currency...

    3. SCHEDULE 3

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

       1. 1. Any amount paid by way of tax on income which...

       2. 2. Any payment in respect of any expenses incurred by a...

       3. 3. Any housing benefit or income support.

       4. 4. Any mobility allowance or disability living allowance.

       5. 5. Any concessionary payment made to compensate for the non-payment of—...

       6. 6. Any mobility supplement or any payment intended to compensate for...

       7. 7. Any attendance allowance.

       8. 8. Any payment to the claimant as holder of the Victoria...

       9. 9. Any sum in respect of a course of study attended...

       10. 10. In the case of a student, any sums intended for...

       11. 11. In the case of a claimant participating in provision or...

       12. 12. (1) Except where sub-paragraph (2) applies and subject to sub-paragraph...

       13. 13. (1) Where the claimant or his partner is treated as...

       14. 14. Subject to paragraph 29, £10 of any of the following—...

       15. 15. Any child benefit under Part II of the Child Benefit...

       16. 16. (1) Any income derived from capital to which the claimant...

       17. 17. Where a person receives income under an annuity purchased with...

       18. 18. Any payment made to the claimant by a person who...

       19. 19. Where the claimant occupies a dwelling as his home which...

       20. 20. Any income in kind.

       21. 21. Any income which is payable in a country outside the...

       22. 22. (1) Any payment made to the claimant in respect of...

       23. 23. Any payment made by a Health and Social Services Board...

       24. 24. Any payment made by a Health and Social Services Board,...

       25. 25. Any payment made by a Health and Social Services Board...

       26. 26. Any payment of income which under regulation 34 (income treated...

       27. 27. Any statutory maternity pay under Part VI of the Order...

       28. 28. Any payment under paragraph 2 of Schedule 6 to the...

       29. 29. The total of a claimant’s income or, if he is...

       30. 30. Any payment made under the legislation of, or under any...

       31. 31. Where a payment of income is made in a currency...

       32. 32. Any statutory maternity pay under Part V of the Social...

       33. 33. Any payment in respect of expenses to which regulation 21(2)...

       34. 34. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

       35. 35. Any payment made under arrangements made by the Department to...

       36. 36. Any payment made by the Department to compensate a person...

       37. 37. Any payment made under arrangements made by the Department to...

       38. 38. Any payment made to a juror or witness in respect...

       39. 39. Where the claimant occupies a dwelling as his home and...

       40. 40. Any community charge benefit.

       41. 41. Any payment in consequence of a reduction of a personal...

       42. 42. Any special war widow’s payment made under—

       43. 43. (1) Any payment or repayment made under regulation 3 (entitlement...

       44. 44. Any payment made under regulation 8 (failure to receive milk...

       45. 45. Any payment made under a scheme established by the Northern...

       46. 46. Any payment made by the Department of Economic Development under...

       47. 47. Any family credit.

    4. SCHEDULE 4

       Capital to be disregarded

       1. 1. The dwelling including any garage, garden and outbuildings normally occupied...

       2. 2. Any premises or land acquired for occupation by the claimant...

       3. 3. Any sum directly attributable to the proceeds of sale of...

       4. 4. Any premises occupied in whole or in part as the...

       5. 5. Any reversionary interest.

       6. 6. (1) The assets of any business owned in whole or...

       7. 7. Any sum attributable to the proceeds of sale of any...

       8. 8. Any arrears of, or any concessionary payment made to compensate...

       9. 9. Any sum— (a) paid to the claimant in consequence of...

       10. 10. Any sum— (a) deposited with a housing association as defined...

       11. 11. Any personal possessions except those which have been acquired by...

       12. 12. The value of the right to receive any income under...

       13. 13. Where the funds of a trust are derived from a...

       14. 14. The value of the right to receive any income under...

       15. 15. The value of the right to receive any income which...

       16. 16. The surrender value of any policy of life insurance.

       17. 17. Where any payment of capital falls to be made by...

       18. 18. Any payment made by a Health and Social Services Board...

       19. 19. Any social fund payment under Part IV of the Order....

       20. 20. Any refund of tax which falls to be deducted under...

       21. 21. Any capital which by virtue of regulation 28 (capital treated...

       22. 22. Where a payment of capital is made in a currency...

       23. 23. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

       24. 24. The value of the right to receive an occupational or...

       25. 25. The value of the right to receive any rent.

       26. 26. (1) Where a claimant has ceased to occupy what was...

       27. 27. Any premises or land where the claimant is taking reasonable...

       28. 28. Any premises which the claimant intends to occupy as his...

       29. 29. Any premises which the claimant intends to occupy as his...

       30. 30. Any premises occupied in whole or in part by the...

       31. 31. Any payment in kind made by a charity or under...

       32. 32. Any payment not exceeding £200 made under section 4 of...

       33. 33. Any payment made under arrangements made by the Department to...

       34. 34. Any payment made by the Department to compensate a person...

       35. 35. Any payment made under arrangements made by the Department to...

       36. 36. Any payment made to a juror or witness in respect...

       37. 37. Any payment in consequence of a reduction of a personal...

       38. 38. Any grant made in Great Britain to the claimant in...

       39. 39. (1) Any payment or repayment made under regulation 3, 5...

       40. 40. Any payment made under regulation 8, 9, 10 or 12...

       41. 41. Any payment made under a scheme established by the Northern...

       42. 42. Any arrears of special war widow’s payment which is disregarded...

       43. 43. Any payment made by the Department of Economic Development under...

    5. SCHEDULE 5

       Determination of appropriate maximum disability working allowance: claimant, child and young person allowance

13. Explanatory Note