Amendment of the Disability Working Allowance Regulations and of the Family Credit Regulations
4.—(1) Both the Disability Working Allowance Regulations and the Family Credit Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) After sub-paragraph (d) in paragraph (3) in both regulation 6 of the Disability Working Allowance Regulations M1 and regulation 4 of the Family Credit Regulations M2, there shall be added the following sub-paragraph—
“(e)he is engaged in an activity in respect of which—
(i)a sports award has been made, or is to be made, to him; and
(ii)no other payment is made or is expected to be made to him.”.
(3) At the end of paragraph (3) in both regulation 24 of the Disability Working Allowance Regulations and in regulation 21 of the Family Credit Regulations M3 (earnings of self-employed earners) there shall be added the words “ nor shall it include any sports award ”.
(4) There shall be added as paragraph 63 of Schedule 3 to the Disability Working Allowance Regulations and as paragraph 65 of Schedule 2 to the Family Credit Regulations M4 (sums to be disregarded in the calculation of income other than earnings) the following paragraph—
“(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family or any council tax for which any member of the family is liable.
(3) For the purposes of sub-paragraph (2)—
“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“housing costs" do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made;
“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
(5) There shall be added as paragraph 57 of Schedule 4 to the Disability Working Allowance Regulations and paragraph 58 of Schedule 3 to the Family Credit Regulations M5 (sums to be disregarded in the calculation of capital) the following paragraph—
“(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family or any council tax for which any member of the family is liable.
(3) For the purposes of sub-paragraph (2)—
“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“housing costs" do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made;
“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
Marginal Citations
M1Regulation 6(3) was substituted by S.I. 1994/2139 and modified to include sub-paragraph (d) by S.I. 1998/2825.
M2Regulation 4 was substituted by S.I. 1992/573; paragraph (3) was substituted by S.I. 1994/2139 and modified to include sub-paragraph (d) by S.I. 1998/2825.
M3Both regulation 24(3) and 21(3) were added by S.I. 1994/2139.
M4Schedules 3 and 2 were modified to include paragraphs 62 and 64 respectively by S.I. 1998/2825.
M5Schedules 4 and 3 were modified to include paragraphs 56 and 57 respectively by S.I. 1998/2825.