The Disability Working Allowance (General) Regulations 1991
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott — Minister of State,Department of Social Security — 18th December 1991
Explanatory note
(This note is not part of the Regulations)
These Regulations provide for various matters which affect entitlement to disability working allowance. Regulations 3 and 4 and Schedule 1 concern the disabilities which place the claimant at a disadvantage in getting a job and the declaration of such disability by the claimant. Regulations 5 and 6 prescribe the circumstances in which a person is treated as being in Great Britain and provide for 16 hours' work a week as a minimum requirement. Regulation 7 sets out the qualifying benefits for entitlement to disability working allowance. Regulations 8 to 11 make provision in respect of children and young persons who are normally living with the claimant as members of the household and the circumstances in which a person is to be treated as no longer being a member of the household.
Regulations 12 to 50 and Schedules 2, 3 and 4 are concerned with the calculation of income and capital; regulation 31 sets the capital limit at £16,000 and regulation 40 provides for tariff income on capital over £3,000 at the rate of £1 a week for every £250 excess capital.
Regulations 51 to 53 concern the computation of entitlement. Regulation 51 and Schedule 5 prescribe the maximum disability working allowance; for the claimant £42.40, for a married or unmarried couple or lone parent £58.80 and for each child or young person £10.40 (under 11), £17.25 (under 16), £21.45 (under 18), or £29.90 (under 19). Regulation 52 sets the applicable amount for disability working allowance and regulation 53 fixes the percentage of income deductible from the maximum disability working allowance at 70 per cent..
Regulations 54 to 57 provide for various situations, including the death of the claimant, and receipt of family credit which may affect an award of disability working allowance. Regulation 58 provides for the amendment of the Family Credit (General) Regulations 1987 concerning entitlement to family credit and disability working allowance.
These Regulations are made before the expiry of 6 months from the commencement of the provisions under which they are made; they are accordingly exempt, by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.
Footnotes
1986 c. 50; paragraph (bb) is inserted in subsection (1) of section 20 by section 6(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21) (“the 1991 Act”); paragraph (bb) is inserted in subsection (5) of section 20 by section 8(1) of the 1991 Act; subsection (6A) and (6C) to (6F) are inserted in section 20 by section 6(4) of the 1991 Act; subsection (3B) is inserted in section 21 by section 6(8) of the 1991 Act; paragraph (aa) is inserted in subsection (6) of section 21 by section 6(9) of the 1991 Act; section 27B is inserted by section 7(1) of the 1991 Act; section 84(1) is cited because of the meanings it ascribes to the words “prescribed” and “regulations”.
1975 c. 14; section 166(3) was amended by paragraph 10(1) of Schedule 8 to the Social Security Act 1989 (c. 24); subsection (3A) is inserted in section 166 by section 62 of the Social Security Act 1986; section 166(1) to (3A) (extent of powers) is applied to powers conferred by the Social Security Act 1986 by section 83(1) of that Act.
Section 35 was amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 63, by the Social Security Act 1979 (c. 18) section 2 and by the Social Security Act 1980 (c. 30), Schedule 1, Part II, paragraph 8.
Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50), section 39 and Schedule 3, paragraph 6.
S.I. 1983/686; the relevant amending instruments are S.I. 1983/1164 and 1984/1675.
Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 64, the Social Security Act 1979 (c. 18), section 3 and by the Social Security Act 1986 (c. 50), sections 71 and 86 and Schedule 11.
S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521 and 1986/592.
S.I. 1983/686, amended by S.I. 1983/1164, 1540 and 1986/628.
Section 27B was inserted in the Act by section 7(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).
S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663 and 2022 and 1989/534 and 1678.
S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1971, 1989/416 and 1990/546.
S.I. 1989/1321; the relevant amending instrument is S.I. 1990/834.
1975 c. 61, as amended by sections 4, 8 and 21 of, and Schedule 5 Part I to, the Social Security Act 1980 (c. 30) and by section 70 of the Social Security Act 1986 (c. 50).
S.I. 1976/965; relevant amending instruments are S.I. 1980/1045, 1982/470 and 1987/357.
S.I. 1975/555; the relevant amending instruments are S.I. 1977/1693 and 1987/1683.
1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 5; the Health Service Act 1980 (c. 53), Schedule 1, Part I, paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9, Part I; the Supplementary Benefits Act 1976 (c. 71) Schedule 7, paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4, paragraph 2(1) and Schedule 5, Part II, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a) and the Social Security Act 1986 (c. 50), section 86, Schedule 10, paragraph 32. Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 45, the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the National Health Service and Community Care Act 1990 (c. 19), section 66(1), Schedule 9, paragraph 5(4). Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49), Schedule 9, Part I and applied by section 87(3) of that Act; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b).
1977 c. 49; paragraph 1(1) was amended by the Education Reform Act 1988 (c. 40), section 237, Schedule 12, paragraph 22; paragraphs 1(2) and 2(5) of Schedule 8 were repealed by section 30 of, and Schedule 10, Part I to, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) and paragraphs 2(1) to (3) were amended by the Mental Health Act 1983 (c. 20), section 148 and Schedule 4.
1947 c. 27, as applied by section 1(4)(c) of the Social Work (Scotland) Act 1968 (c. 49); section 27 is continued in force for the purposes of section 1(4)(c) by paragraph 15 of Schedule 15 to the National Health Service (Scotland) Act 1978 (c. 29).
1977 c. 49; section 4 was amended by the Mental Health Act 1983 (c. 20), section 148, Schedule 4, paragraph 47.
1978 c. 44; section 68(2) was amended by section 21 and Schedule 3, paragraph 21 of the Employment Act 1982 (c. 46); section 71(2) was amended by the Employment Act 1982 sections 5 and 21, Schedule 3, paragraph 22 and Schedule 4.
1977 c. 5; section 18(2) was amended by section 159 and Schedule 16, paragraph 29 of the Employment Protection (Consolidation) Act 1978 (c. 44) and by section 86(2) of, and Schedule 10, Part IV, paragraph 75 and Schedule 11 to, the Social Security Act 1986 (c. 50).
See sections 1 and 4 of the Social Security Act 1975 (c. 14); section 1 was amended by Schedule 8, paragraph 1(2) and (3) of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), paragraph 5 of Schedule 5 to, the Social Security Act 1985 (c. 53), section 86 of, and Schedule 11 to, the Social Security Act 1986 (c. 50), Schedule 9 to the Social Security Act 1989 (c. 24), Schedule 3 to the Employment Act 1990 (c. 38), and sections 16(1), (2) and (10) and Schedule 7 to the Social Security Act 1990 (c. 27); section 4 was amended by paragraph 36 of Schedule 4 to the Social Security Pensions Act 1975 (c. 60), section 2(4) of the Education (School-Leaving Dates) Act 1976 (c. 5), section 14(1) of the Social Security Act 1979 (c. 18), Schedule 5 of the Social Security and Housing Benefits Act 1982 (c. 24), sections 7(1) and (2) and 8(1) of the Social Security Act 1985, sections 74(1)(a) and (2) and 86 of, and paragraph 104 of Schedule 10 to, the Social Security Act 1986 ; section 1(1) and (2), Schedule 7, paragraph 2(1) and (2) and, Schedule 9 of the Social Security Act 1989 (c. 24), Schedule 6, paragraph 1(1) and 2(1) and Schedule 7 of the Social Security Act 1990 (c. 27) and S.I. 1991/505.
1973 c. 50; section 2 was amended by sections 9 and 11 and Schedule 2, Part II, paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).
Section 7(1) was amended by section 2(4) of the Education (School-Leaving Dates) Act 1976 (c. 5), section 17(1) of the Health and Social Security Act 1984 (c. 48), and article 3 of S.I. 1991/505.
Section 7(5) was amended by article 3 of S.I. 1991/505.
Section 9 was amended by sections 4 and 65 of, and Schedule 5 to, the Social Security Pensions Act 1975 (c. 60), section 1 of the Social Security Contributions Act 1982 (c. 2) and S.I. 1991/505.
The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).
S.I. 1987/1968 as amended by S.I. 1988/522 and 1991/2741. Regulation 27 was amended by regulation 14 of S.I. 1991/2741.
1944 c. 31, as amended by S.I. 1974/595, article 3(22), Schedule 1, Part I and S.I. 1977/293, article 4(1).
Subsections (6A) to (6F) were inserted by section 6(4) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).
Subsection (5A) was inserted by section 3 of the Social Security Act 1988 (c. 7).
Subsection (3B) was inserted by section 6(8) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).
1944 c. 31; section 81 was amended by S.I. 1984/490.
1962 c. 12; section 2(1) was substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20).
1973 c. 50; section 2 was amended by sections 9 and 11 of, Schedule 2, Part II, paragraph 9 and Schedule 3 to, the Employment and Training Act 1981 (c. 57).
1976 c. 36; section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989 (c. 41).
1865 c. 73. Copies of the Order are available from Ministry of Defence, NPC2, Rm 317, Archway Block South, Old Admiralty Building, Spring Gardens, London SW1A 2BE.
Army Code No. 13045 published by HMSO.
1917 c. 51. Queen’s Regulations for the Royal Air Force are available from HMSO.
1980 c. 9. Copies of the Regulations are available from Ministry of Defence at the address given in footnote (d) above.
Army Code No. 60589 published by HMSO.
S.I. 1988/536, the relevant amending instrument is S.I. 1990/3.
1973 c. 50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).
1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25.
1973 c. 50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).
Editorial notes
Sch. 3 para. 11 in force at 7.4.1992, see reg. 1
Sch. 3 para. 14 in force at 7.4.1992, see reg. 1
Sch. 3 para. 24 in force at 7.4.1992, see reg. 1
Sch. 3 para. 25 in force at 7.4.1992, see reg. 1
Sch. 4 para. 18 in force at 7.4.1992, see reg. 1
Sch. 3 para. 22 in force at 7.4.1992, see reg. 1
Sch. 3 para. 44 in force at 7.4.1992, see reg. 1
Sch. 4 para. 41 in force at 7.4.1992, see reg. 1
Sch. 3 para. 3 in force at 7.4.1992, see reg. 1
Sch. 3 para. 5 in force at 7.4.1992, see reg. 1
Sch. 4 para. 8 in force at 7.4.1992, see reg. 1
Sch. 4 para. 6 in force at 7.4.1992, see reg. 1
Sch. 1 para. 6 in force at 7.4.1992, see reg. 1
Sch. 4 para. 5 in force at 7.4.1992, see reg. 1
Sch. 4 para. 25 in force at 7.4.1992, see reg. 1
Sch. 3 para. 9 in force at 7.4.1992, see reg. 1
Sch. 3 para. 19 in force at 7.4.1992, see reg. 1
Sch. 1 para. 22 in force at 7.4.1992, see reg. 1
Sch. 3 para. 13 in force at 7.4.1992, see reg. 1
Sch. 3 para. 46 in force at 7.4.1992, see reg. 1
Sch. 1 para. 24 in force at 7.4.1992, see reg. 1
Sch. 3 para. 42 in force at 7.4.1992, see reg. 1
Sch. 4 para. 39 in force at 7.4.1992, see reg. 1
Sch. 3 para. 12 in force at 7.4.1992, see reg. 1
Sch. 3 para. 29 in force at 7.4.1992, see reg. 1
Sch. 3 para. 33 in force at 7.4.1992, see reg. 1
Sch. 4 para. 23 in force at 7.4.1992, see reg. 1
Sch. 4 para. 21 in force at 7.4.1992, see reg. 1
Sch. 4 para. 31 in force at 7.4.1992, see reg. 1
Sch. 3 para. 2 in force at 7.4.1992, see reg. 1
Sch. 3 para. 18 in force at 7.4.1992, see reg. 1
Sch. 3 para. 17 in force at 7.4.1992, see reg. 1
Sch. 4 para. 42 in force at 7.4.1992, see reg. 1
Sch. 3 para. 38 in force at 7.4.1992, see reg. 1
Sch. 4 para. 32 in force at 7.4.1992, see reg. 1
Sch. 3 para. 16 in force at 7.4.1992, see reg. 1
Sch. 3 para. 40 in force at 7.4.1992, see reg. 1
Sch. 4 para. 37 in force at 7.4.1992, see reg. 1
Sch. 1 para. 1 in force at 7.4.1992, see reg. 1
Sch. 1 para. 2 in force at 7.4.1992, see reg. 1
Sch. 1 para. 3 in force at 7.4.1992, see reg. 1
Sch. 1 para. 4 in force at 7.4.1992, see reg. 1
Sch. 1 para. 5 in force at 7.4.1992, see reg. 1
Sch. 1 para. 7 in force at 7.4.1992, see reg. 1
Sch. 1 para. 8 in force at 7.4.1992, see reg. 1
Sch. 1 para. 9 in force at 7.4.1992, see reg. 1
Sch. 1 para. 10 in force at 7.4.1992, see reg. 1
Sch. 1 para. 11 in force at 7.4.1992, see reg. 1
Sch. 1 para. 12 in force at 7.4.1992, see reg. 1
Sch. 1 para. 13 in force at 7.4.1992, see reg. 1
Sch. 1 para. 14 in force at 7.4.1992, see reg. 1
Sch. 1 para. 15 in force at 7.4.1992, see reg. 1
Sch. 1 para. 16 in force at 7.4.1992, see reg. 1
Sch. 1 para. 17 in force at 7.4.1992, see reg. 1
Sch. 1 para. 18 in force at 7.4.1992, see reg. 1
Sch. 1 para. 19 in force at 7.4.1992, see reg. 1
Sch. 1 para. 20 in force at 7.4.1992, see reg. 1
Sch. 1 para. 21 in force at 7.4.1992, see reg. 1
Sch. 1 para. 23 in force at 7.4.1992, see reg. 1
Sch. 1 para. 25 in force at 7.4.1992, see reg. 1
Sch. 2 para. 1 in force at 7.4.1992, see reg. 1
Sch. 2 para. 2 in force at 7.4.1992, see reg. 1
Sch. 2 para. 3 in force at 7.4.1992, see reg. 1
Sch. 3 para. 1 in force at 7.4.1992, see reg. 1
Sch. 3 para. 4 in force at 7.4.1992, see reg. 1
Sch. 3 para. 6 in force at 7.4.1992, see reg. 1
Sch. 3 para. 7 in force at 7.4.1992, see reg. 1
Sch. 3 para. 8 in force at 7.4.1992, see reg. 1
Sch. 3 para. 10 in force at 7.4.1992, see reg. 1
Sch. 3 para. 15 in force at 7.4.1992, see reg. 1
Sch. 3 para. 20 in force at 7.4.1992, see reg. 1
Sch. 3 para. 21 in force at 7.4.1992, see reg. 1
Sch. 3 para. 23 in force at 7.4.1992, see reg. 1
Sch. 3 para. 26 in force at 7.4.1992, see reg. 1
Sch. 3 para. 27 in force at 7.4.1992, see reg. 1
Sch. 3 para. 28 in force at 7.4.1992, see reg. 1
Sch. 3 para. 30 in force at 7.4.1992, see reg. 1
Sch. 3 para. 31 in force at 7.4.1992, see reg. 1
Sch. 3 para. 32 in force at 7.4.1992, see reg. 1
Sch. 3 para. 34 in force at 7.4.1992, see reg. 1
Sch. 3 para. 35 in force at 7.4.1992, see reg. 1
Sch. 3 para. 36 in force at 7.4.1992, see reg. 1
Sch. 3 para. 37 in force at 7.4.1992, see reg. 1
Sch. 3 para. 39 in force at 7.4.1992, see reg. 1
Sch. 3 para. 41 in force at 7.4.1992, see reg. 1
Sch. 3 para. 43 in force at 7.4.1992, see reg. 1
Sch. 3 para. 45 in force at 7.4.1992, see reg. 1
Sch. 4 para. 1 in force at 7.4.1992, see reg. 1
Sch. 4 para. 2 in force at 7.4.1992, see reg. 1
Sch. 4 para. 3 in force at 7.4.1992, see reg. 1
Sch. 4 para. 4 in force at 7.4.1992, see reg. 1
Sch. 4 para. 7 in force at 7.4.1992, see reg. 1
Sch. 4 para. 9 in force at 7.4.1992, see reg. 1
Sch. 4 para. 10 in force at 7.4.1992, see reg. 1
Sch. 4 para. 11 in force at 7.4.1992, see reg. 1
Sch. 4 para. 12 in force at 7.4.1992, see reg. 1
Sch. 4 para. 13 in force at 7.4.1992, see reg. 1
Sch. 4 para. 14 in force at 7.4.1992, see reg. 1
Sch. 4 para. 15 in force at 7.4.1992, see reg. 1
Sch. 4 para. 16 in force at 7.4.1992, see reg. 1
Sch. 4 para. 17 in force at 7.4.1992, see reg. 1
Sch. 4 para. 19 in force at 7.4.1992, see reg. 1
Sch. 4 para. 20 in force at 7.4.1992, see reg. 1
Sch. 4 para. 22 in force at 7.4.1992, see reg. 1
Sch. 4 para. 24 in force at 7.4.1992, see reg. 1
Sch. 4 para. 26 in force at 7.4.1992, see reg. 1
Sch. 4 para. 27 in force at 7.4.1992, see reg. 1
Sch. 4 para. 28 in force at 7.4.1992, see reg. 1
Sch. 4 para. 29 in force at 7.4.1992, see reg. 1
Sch. 4 para. 30 in force at 7.4.1992, see reg. 1
Sch. 4 para. 33 in force at 7.4.1992, see reg. 1
Sch. 4 para. 34 in force at 7.4.1992, see reg. 1
Sch. 4 para. 35 in force at 7.4.1992, see reg. 1
Sch. 4 para. 36 in force at 7.4.1992, see reg. 1
Sch. 4 para. 38 in force at 7.4.1992, see reg. 1
Sch. 4 para. 40 in force at 7.4.1992, see reg. 1
Sch. 4 para. 43 in force at 7.4.1992, see reg. 1
Sch. 4 para. 44 in force at 7.4.1992, see reg. 1
Words in reg. 2(1) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 3(2)(a)(b)
Words in reg. 29(3) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 3(3)
Words in reg. 34(3) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 3(4)
Words in reg. 37(3) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 3(5)
Words in Sch. 4 para. 31 substituted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 3(7)(b)
Words in reg. 2(1) inserted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 2(a)
Words in reg. 2(1) inserted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 2(b)
Words in reg. 6(2) omitted (5.10.1992) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(b)
Words in reg. 6(3) omitted (5.10.1992) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(b)
Words in reg. 6(4)(c) substituted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 2(c)
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