The Disability Working Allowance and Family Credit (General) Amendment Regulations 1996

Amendments to the Family Credit (General) Regulations 1987

3.—(1) The Family Credit (General) Regulations 1987(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 14 (normal weekly earnings of employed earners)—

(a) in paragraph (1) for the words from “by reference to” to the end of the paragraph, there shall be substituted the words “by taking account of his earnings from that employment which are received in the assessment period relevant to his case, whether the amount so received was earned in respect of that period or not, and in accordance with the following provisions of this regulation.”;

(b) in paragraph (2A)(2) for the words “reference to his earnings” there shall be substituted the words “taking account of his earnings received”;

(c) in paragraph (6) for the words “reference to” there shall be substituted the words “taking account of”.

(3) In regulation 14A (normal weekly earnings of directors)(3) —

(a) in paragraph (1) for the words from “by reference to” to the end of the paragraph, there shall be substituted the words “by taking account of his earnings from that employment received in the year immediately preceding the week of claim, whether the amount so received was earned in respect of that period or not.”;

(b) in paragraph (2) for the words from “determined by reference to” to “in that employment” there shall be substituted the words “determined by taking account of his earnings from that employment received in the period that he has been in that employment”.

(4) In regulation 18(1) (calculation of weekly amount of income) for the words from “For the purposes of” to “payment is made—” there shall be substituted the words “For the purposes of regulation 14 (normal weekly earnings of employed earners) and 16 (normal weekly income other than income other than earnings), where the claimant’s pay period or, as the case may be, the period in respect of which a payment is made—”.

(5) In regulation 20 (calculation of net earnings of employed earners)—

(a) in paragraph (1)(4) for the words from “earnings derived from, or” to “to his case, or,” there shall be substituted the words “earnings and”;

(b) in paragraph (3) the words “over the assessment period” shall be omitted.

(6) In regulation 20ZA(1) (calculation of net earnings of directors)(5) the words from “derived from”, the first time they are used, to “to his case,” shall be omitted.

(7) In regulation 23(2) (deduction of tax and contributions for self-employed earners)—

(a) the words “the total of” shall be omitted;

(b) in sub-paragraph (a)—

(i) for the words from “the amount of” to the words “at the date of claim” there shall be substituted the words “an amount in respect of Class 2 contributions calculated by multiplying the weekly rate of such contributions applicable at the date of claim by virtue of section 11(1) or, as the case may be, (3) of the Contributions and Benefits Act by the number of days in the assessment period and dividing the product by 7,”; and

(ii) forn the words “section 7(5)” there shall be substituted the words “section 11(4)”;

(c) in sub-paragraph (b) for the words “section 9(2)” there shall be substituted the words “section 15(3)”.

(1)

S.I. 1987/1973; relevant amending instruments S.I. 1988/660, 1438, 1970, 1992/573, 1994/527 and 2139.

(2)

Paragraph (2A) was inserted by S.I. 1994/2139.

(3)

Regulation 14A was inserted by S.I. 1994/527.

(4)

Paragraph (1) was substituted by S.I. 1992/573, regulation 7(a).

(5)

Regulation 20ZA was inserted by S.I. 1994/527.