The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993

Amendment of regulation 18 of the Disability Working Allowance Regulations

17.—(1) Regulation 18 of the Disability Working Allowance Regulations (normal weekly income other than earnings) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”.

(3) In paragraph (2)—

(a) for the words “his family” there shall be substituted the words “the claimant’s family”;

(b) after the words “weekly income shall” there shall be inserted the words “, except where paragraph (2A) applies,”.

(4) After paragraph (2) there shall be inserted the following paragraph—

“(2A) Where a claimant’s income consists of child support maintenance, his normal weekly income in respect of that maintenance shall be determined—

(a) if before the date of claim those maintenance payments are made at regular intervals, by reference to the normal weekly amount;

(b) if they are not so made, by reference to the average of such payments received in the 13 weeks immediately preceding the week in which the date of claim falls,

and if the resulting sum exceeds the amount of child support maintenance due under the maintenance assessment, the normal weekly income shall be the amount due under the maintenance assessment.”.

(5) At the end of the regulation there shall be added the following paragraph—

“(4) In this regulation—

(a) “child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991(1);

(b) “maintenance assessment” has the same meaning as in the Child Support Act 1991 by virtue of section 54 of that Act.”.

(1)

1991 c. 48.