Disability Working Allowance (General) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2887 |
| Year | 1991 |
1991 No. 2887
SOCIAL SECURITY
The Disability Working Allowance (General) Regulations 1991
Made 18th December 1991
Coming into force 7th April 1992
Whereas a draft of this instrument was laid before Parliament in accordance with section 12(1) of the Disability Living Allowance and Disability Working Allowance Act 19911and approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by section 20(1), (5)(bb), (6A)(d), (6C) to (6F), (11) and (12), section 21(3B) and (6)(aa), section 22(1) and (5) to (9), section 27B(2) and (4) and section 84(1) of the Social Security Act 19862and section 166(1) to (3A) of the Social Security Act 19753and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made consequential upon sections 6 and 7 of the Disability Living Allowance and Disability Working Allowance Act 1991, hereby makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Disability Working Allowance (General) Regulations 1991 and shall come into force on 7th April 1992.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Social Security Act 1986;
“assessment period” means such period as is prescribed in regulations 16 to 19 over which income falls to be calculated;
“attendance allowance” means—
(a) an attendance allowance under section 35 of the Social Security Act4;
(b) an increase of disablement pension under section 61 or 63 of that Act5;
(c) a payment under regulations made in exercise of the power conferred by section 159(3)(b) of that Act;
(d) an increase of an allowance which is payable in respect of constant attendance under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 19756;
(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 19837or any analogous payment; or
(f) any payment based on need for attendance which is paid as part of a war disablement pension;
“claim” means a claim for disability working allowance;
“claimant” means a person claiming disability working allowance;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act, the Social Security Act or the Child Benefit Act 19758are charged;
“date of claim” means the date on which the claimant makes, or is treated as making, a claim for disability working allowance;
“earnings” has the meaning prescribed in regulation 21 or, as the case may be, 24;
“employed earner” shall be construed in accordance with section 2(1)(a) of the Social Security Act9;
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;
“mobility allowance” means an allowance under section 37A of the Social Security Act10;
“mobility supplement” means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 198311including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 198312;
“net earnings” means such earnings as are calculated in accordance with regulation 22;
“net profit” means such profit as is calculated in accordance with regulation 25;
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
“partner” means, where a claimant—
(a) is a member of a married or unmarried couple, the other member of that couple,
(b) is married polygamously to two or more members of the same household, any such member;
“payment” includes a part of a payment;
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
“self-employed earner” shall be construed in accordance with section 2(1)(b) of the Social Security Act;
“single claimant” means a claimant who neither has a partner nor is a lone parent;
“Social Security Act” means the Social Security Act 197513;
“student” has the meaning prescribed in regulation 41;
“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
“week” means a period of seven days beginning with Sunday;
“week of claim” means the week which includes the date of claim;
“year of assessment” has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 198814;
“young person” has the meaning prescribed in regulation 8.
(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.
PART II
DISABILITY TEST
Person at a disadvantage in getting a job
3.—(1) A person has a disability which puts him at a disadvantage in getting a job where—
(a)
(a) in respect of an initial claim one or more of the paragraphs in Parts I, II or III of Schedule 1 apply to him;
(b)
(b) in respect of a repeat claim one or more of the paragraphs in Part I or Part II of Schedule 1 apply to him.
(2) In this regulation and in regulation 4, the expressions “initial claim” and “repeat claim” have the same meanings as in section 27B of the Act15.
Declaration by claimant
4. On an initial claim, a declaration by the claimant that he has a physical or mental disability which puts him at a disadvantage in getting a job is not conclusive that for the purposes of section 20(6A)(b) of the Act he has a disability, where—
(a) the claim itself contains contrary indications, or
(b) the adjudication officer has before him other evidence which contradicts that declaration.
PART III
PRESENCE IN GREAT BRITAIN AND REMUNERATIVE WORK
Circumstances in which a person is treated as being or as not being in Great Britain
5.—(1) A person shall be treated as being in Great Britain if, on the date of claim—
(a)
(a) he is present and ordinarily resident in Great Britain; and
(b)
(b) his partner, if he has one, is ordinarily resident in the United Kingdom; and
(c)
(c) his earnings derive at least in part from remunerative work in the United Kingdom; and
(d)
(d) his earnings do not wholly derive from remunerative work outside the United Kingdom nor do the earnings of his partner, if he has one.
(2) A person shall be treated as not being in Great Britain during any period for which he, or his partner, is entitled to be paid disability working allowance or family credit under the law of Northern Ireland.
Remunerative work
6.—(1) For the purposes of section 20(6A)(a) of the Act, and subject to paragraph (3) a person shall be treated as engaged and normally engaged in remunerative work where—
(a)
(a) the work he undertakes is for not less than 16 hours per week;
(b)
(b) the work is done for payment or in expectation of payment; and
(c)
(c) he is employed at the date of claim and satisfies the requirements of paragraph (5).
(2) A person who does not satisfy all the requirements of sub-paragraphs (a) to (c) of paragraph (1) shall not be treated as engaged and normally engaged in remunerative work.
(3) A person who otherwise satisfies all the requirements of paragraph (1) shall not be treated as engaged and normally engaged in remunerative work if he is engaged by a charitable or voluntary body or is a volunteer where the only payment received by him, or due to be paid to him, is a payment which is to be disregarded under regulation 27(2) and paragraph 2 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings).
(4) In...
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