S.I. 1991 No. 2887

The Disability Working Allowance (General) Regulations 1991 Schedules

SCHEDULE 1
Regulation 3
DISABILITY WHICH PUTS A PERSON AT A DISADVANTAGE IN GETTING A JOB
Part I

1. When standing he cannot keep his balance unless he continually holds onto something.
2. Using any crutches, walking frame, walking stick, prosthesis or similar walking aid which he habitually uses, he cannot walk a continuous distance of 100 metres along level ground without stopping or without suffering severe pain.
3. He can use neither of his hands behind his back as in the process of putting on a jacket or of tucking a shirt into trousers.
4. He can extend neither of his arms in front of him so as to shake hands with another person without difficulty.
5. He can put neither of his hands up to his head without difficulty so as to put on a hat.
6. Due to lack of manual dexterity he cannot ¹[ , with one hand, pick up] a coin which is not more than 2 centimetres in diameter.
7. He is not able to use his hands or arms to pick up a full jug of 1 litre capacity and pour from it into a cup, without difficulty.
8. He can turn neither of his hands sideways through 180_.
9. He is registered as blind or registered as partially sighted in a register compiled by a local authority under section 29(4)(g) of the National Assistance Act 1948² (welfare services) or, in Scotland, has been certified as blind or as partially sighted and in consequence registered as blind or partially sighted in a register maintained by or on behalf of a regional or island council.
10. He cannot see to read 16 point print at a distance greater than 20 centimetres, if appropriate, wearing the glasses he normally uses.
11. He cannot hear a telephone ring when he is in the same room as the telephone, if appropriate, using a hearing aid he normally uses.
12. In a quiet room he has difficulty in hearing what someone talking in a loud voice at a distance of 2 metres says, if appropriate, using a hearing aid he normally uses.
13. People who know him well have difficulty in understanding what he says.
14. When a person he knows well speaks to him, he has difficulty in understanding what that person says.
15. At least once a year during waking hours he is in a coma or has a fit in which he loses consciousness.
16. He has a mental illness for which he receives regular treatment under the supervision of a medically qualified person.
17. Due to mental disability he is often confused or forgetful.
18. He cannot do the simplest addition and subtraction.
19. Due to mental disability he strikes people or damages property or is unable to form normal social relationships.
20. He cannot normally sustain an 8 hour working day or a 5 day working week due to a medical condition or intermittent or continuous severe pain.

Part II

21. Subject to paragraph 24, there is payable to him-

(a) the highest or middle rate of the care component of disability living allowance.
(b) the higher rate of the mobility component of disability living allowance,
(c) an attendance allowance under section 35 of the Social Security Act,
(d) disablement benefit where the extent of the disablement is assessed at not less than 80 per cent. in accordance with section 57 of and Schedule 8 to the Social Security Act,
(e) a war pension in respect of which the degree of disablement is certified at not less than 80 per cent.; and for the purposes of this sub-paragraph "war pension" means a war pension in accordance with section 25(4) of the Social Security Act 1989³.
(f) mobility supplement, or
(g) a benefit corresponding to a benefit mentioned in sub-paragraphs (a)-(f), under any enactment having effect in Northern Ireland.

22. Subject to paragraph 24, for one or more of the ⁴[ 182] days immediately preceding the date when the initial claim for ⁵[ disabled person's tax credit] was made or treated as made, there was payable to him severe disablement allowance or a corresponding benefit under any enactment having effect in Northern Ireland.
23. Subject to paragraph 24, he has an invalid carriage or other vehicle provided by the Secretary of State under section 5(2)(a) of the National Health Service Act 1977⁶ and Schedule 2 to that Act or under section 46 of the National Health Service (Scotland) Act 1978⁷ or provided under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972⁸.
24. Paragraphs 21-23 are subject to the condition that no evidence is before the ⁹[ appropriate officer] which gives him reasonable grounds for believing that in respect of an initial claim, none of the paragraphs in Part I or Part III of this Schedule apply to the claimant and in respect of a repeat claim, none of the paragraphs in Part I apply to the claimant.

Part III

25. As a result of an illness or accident he is undergoing a period of habilitation or rehabilitation.

SCHEDULE 2
Regulation 19(2) and 21(2)
SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1. Any earnings derived from employment which are payable in a country outside the United Kingdom where there is a prohibition against the transfer to the United Kingdom of those earnings.
2. Any earnings of a child or young person.
3. Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment to sterling.

SCHEDULE 3
Regulation 27(2)
SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1. Any amount paid by way of tax on income which is taken into account under regulation 27 (calculation of income other than earnings).
2. Any payment in respect of any expenses incurred by a claimant who is-

(a) engaged by a charitable or ¹⁰[ voluntary organisation]; or
(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 29(4) (notional income).
3. Any housing benefit ¹¹[ , income-based jobseeker's allowance] or income support.
4. Any mobility allowance or disability living allowance.
5. Any concessionary payment made to compensate for the non-payment of-

(a) any payment specified in paragraph 4 or 7;
(b) income support ¹²[ or income-based jobseeker's allowance].

6. Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.
7. Any attendance allowance.
8. Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.
[ 9. Any-

(a) education maintenance allowance payable by virtue of regulations made under section 518 of the Educational Act 1996¹³ (payment of school expenses; grant of scholarships etc.); or
(b) sum (not being an allowance coming within (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 518 of the Education Act 1996, section 49 of the Education (Scotland) Act 1980 ¹⁴(power to assist persons to take advantage of educational facilities) or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992¹⁵ (provision of financial assistance to students).¹⁶]

10. In the case of a student, any sums intended for any expenditure specified in paragraph (2) of regulation 42 (calculation of grant income) necessary as a result of his attendance on his course.
11. In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973¹⁷ or section 2 of the Enterprise and New Towns (Scotland) Act 1990¹⁸ or attending a course at an employment rehabilitation centre established under section 2 of the 1973 Act-

(a) any travelling expenses reimbursed to the claimant;
(b) any living away from home allowance under section 2(2)(d) of the 1973 Act or section 2(4)(c) of the 1990 Act;
(c) any training premium,
[(d) any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker's Allowance Regulations 1996 or in the Intensive Activity Period for 50 plus ¹⁹ , ]

but this paragraph, except insofar as it relates to a payment under sub-paragraph (a), [ (b), (c) or (d)] does not apply to any part of any allowance under section 2(2)(d) of the 1973 Act or section 2(4)(c) of the 1990 Act.
[ 11A. Any Jobmatch Allowance payable pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973²⁰ where the payments will cease by the date on which the period under section 129(6) of the Contributions and Benefits Act 1992 (period of award) is to begin²¹.]
[11B. Any payment by way of Job Grant pursuant to arrangements made under section 2(1) of the Employment and Training Act 1073²².]
[ 12A. Any payment by way of Job Grant pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 ²³ ²⁴ .]
12.-(1) Except where sub-paragraph (2) applies and subject to sub-para- graph (3) and paragraphs 29 and 33²⁵, [ £20] of any charitable payment or of any voluntary payment made or due to be made at regular intervals.
(2) Subject to sub-paragraph (3) and paragraph 33, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, or housing costs of any member of the family, or is used for any personal community ²⁶[ charge], collective community charge contribution [ or council tax] for which any member of the family is liable.
(3) Sub-paragraphs (1) and (2) shall not apply to a payment which is made or due to be made by-

(a) a former partner of the claimant, or former partner of any member of the claimant's family; or
(b) the parent of a child or young person where that child or young person is a member of the claimant's family.

(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account they shall be treated as though they were one such payment.
(5) For the purposes of sub-paragraph (2) the expression "ordinary clothing or footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
13.-(1) Where the claimant or his partner is treated as responsible for a child or young person by virtue of regulation 9 (circumstances in which a person is to be treated as responsible or not responsible for another²⁷), [ ] any payment of maintenance, whether under a court order or not, which is made or due to be made by-

(a) the claimant's former partner, or the claimant's partner's former partner; or
(b) the parent of a child or young person where that child or young person is a member of the claimant's family except where that parent is the claimant or the claimant's partner.

(2) For the purposes of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
[ 14. Subject to paragraph 29, £10 of any of the following, namely-

(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph ²⁸[ 6 or 7]);
(b) a war widow's pension;
(c) a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 [ or the Pensions and Yeomanry Pay Act 1884²⁹], or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
(d) a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;
(e) a pension paid by the Government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;
(f) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria³⁰.]

15. Any child benefit under Part I of the Child Benefit Act 1975³¹.
16.-(1) Any income derived from capital to which the claimant is, or is treated under regulation 39 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 4, 6, 13 or 26 to 30 of Schedule 4.
(2) Income derived from capital disregarded under paragraphs 2, 4 or 26 to 30 of Schedule 4 but [ only to the extent of-

(a) any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
(b) any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued³².]

17. Where a person receives income under an annuity purchased with a loan which satisfies the following conditions-

(a) that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as "the annuitants") who include the person to whom the loan was made;
(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;
(d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
(e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid.

the amount, calculated on a weekly basis equal to-

[ (i) where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988³³ (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act³⁴;]
(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

[ 18. Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person's living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 38 or regulation 24(2) (earnings of self-employed earners) refers.³⁵]
[ 19. Where the claimant occupies a dwelling as his home and the dwelling is also occupied by ³⁶[ another person] and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family-

(a) £4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
(b) a further ³⁷[ £9.25], where the aggregate of any such payments is inclusive of an amount for heating³⁸.]

20. Any income in kind.
21. Any income which is payable in a country outside the United Kingdom where there is a prohibition against the transfer to the United Kingdom of that income.
22.-(1) Any payment made to the claimant in respect of a child or young person who is a member of his family-

(a) in accordance with regulations made by the Secretary of State under section 57A of the Adoption Act 1976³⁹, or as the case may be, section 51 of the Adoption (Scotland) Act 1978⁴⁰ (schemes for payments of allowances to adopters);
(b) which is a payment made by a local authority in pursuance of paragraph 15(1) of Schedule 1 to the Children Act 1989⁴¹ (local authority contribution to child's maintenance),
[ (c) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child's maintenance)⁴²;]

to the extent specified in sub-paragraph (2).
(2) In the case of a child or young person-

(a) to whom regulation 30 applies (capital in excess of £3,000), the whole payment;
(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the allowance in respect of that child or young person under Schedule 5.

23. Any payment made by a local authority to the claimant with whom a person is accommodated and maintained by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 or, as the case may be, section 21 of the Social Work (Scotland) Act 1968⁴³ or by a voluntary organisation under section 59(1)(a) of the Children Act 1989 or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985⁴⁴ (provision of accommodation and maintenance for children by local authorities and voluntary organisations).
24. [ Any payment made to the claimant or his partner for a person ("the person concerned"), who is not normally a member of the claimant's household but is temporarily in his care, by

(a) a health authority;
(b) a local authority;
(c) a voluntary organisation; or
(d) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948⁴⁵.⁴⁶]

25. Any payment made by a local authority under section 17 or 24 of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (provision of services for children and their families and advice and assistance to certain children).
[ 25A. -(1) Subject to subparagraph (2), any payment received under an insurance policy taken out to insurance against the risk of being unable to maintain repayments

(a) on a loan which is secured on the dwelling which the claimant occupies as his home; or
(b) under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire Purchase Act 1964.

(2) A payment referred to in subparagraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to

(a) maintain the repayments referred to in subparagraph (1)(a) or, as the case may be, (b); and
(b) meet any amount due by way of premiums on

(i) that policy; or
(ii) in a case to which subparagraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in subparagraph (1)(a).⁴⁷]

26. Any payment of income which under regulation 34 (income treated as capital) is to be treated as capital.
27. Any statutory maternity pay under Part V of the Act or maternity allowance under section 22 of the Social Security Act.
28. Any payment under paragraph 2 of Schedule 6 to the Act (pensioners' Christmas bonus).
29. The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 12(2) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 43(2)(b) (calculation of covenant income where a contribution is assessed), regulation 44(1)(c) (covenant income where no grant income or no contribution is assessed), regulation 47(2) (treatment of student loans) and paragraphs 12(1) and 14, shall in no case exceed ⁴⁸[ £20] per week.
30. Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
31. Any statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986 or maternity allowance under section 22 of the Social Security (Northern Ireland) Act 1975.
32. Any payment in respect of expenses to which regulation 21(2) (earnings of employed earners) applies.
33.-(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust ("the Trusts⁴⁹"), [ the Fund⁵⁰] [ , the Eileen Trust] or ⁵¹[ the Independent Living Funds].
(2) Any payment by or on behalf of a person who suffered or is suffering from haemophilia ⁵²[ or who was or is a qualifying person], or by or on behalf of his partner or former partner from whom he is not, or, where either that person or his former partner has died, was not, estranged or divorced, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of-

(a) that person or that person's partner or former partner to whom this sub-paragraph refers;
(b) any child who is a member of that person's family or who was such a member and who is a member of the claimant's family; or
(c) any young person who is a member of that person's family or who was such a member and who is a member of the claimant's family.

(3) Any payment by a person who is suffering from haemophilia [ or who is a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where-

(a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person's family; and
(b) the payment is made either-

(i) to that person's parent or step-parent, or
(ii) where that person at the date of the payment is a child, or young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person's death.
(4) Any payment out of the estate of a person who suffered from haemophilia ⁵³[ or who was a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where-

(a) that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and
(b) the payment is made either-

(i) to that person's parent or step-parent, or
(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of 2 years from the relevant date.
(5) In the case of a person to whom or for whose benefit a payment under sub-paragraph (1), (2), (3) or (4) is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.
[ (6) For the purposes of sub-paragraphs (2) to (5), any reference to the Trusts shall be construed as including a reference to the Fund ⁵⁴[ and the Eileen Trust].⁵⁵]
34. Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
35. Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
36. Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983⁵⁶.
37. Any payment made to a juror or witness in respect of attendance at court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
[ 38. Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to-

(a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
(b) where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.⁵⁷]

39. Any community charge benefit.
40. Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988⁵⁸ or section 9A of the Abolition of Domestic Rates Etc. (Scotland) Act 1987⁵⁹ (reduction of liability for personal community charge⁶⁰) [ or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992⁶¹ (reduction of liability for council tax).]
41. Any special war widows payment made under-

(a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865⁶²;
(b) the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977⁶³;
(c) the Queen's Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917⁶⁴;
(d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980⁶⁵;
(e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980⁶⁶;

and any analogous payment by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.
42.-(1) Any payment or repayment made-

(a) as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988⁶⁷(travelling expenses and health service supplies);
(b) as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988⁶⁸ (travelling expenses and health service supplies).

(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
43. Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988⁶⁹ (payments made in place of milk tokens or the supply of vitamins).
44. Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
45. Any payment made, whether by the Secretary of State or any other person, under the Disabled Persons Employment Act 1944⁷⁰ or in accordance with arrangements made under section 2 of the Employment and Training Act 1973⁷¹ to assist disabled persons to obtain or retain employment despite their disability.
46. Any ⁷²[ working families' tax credit]
[ 47. Any council tax benefit.
48. Any guardian's allowance⁷³.⁷⁴]
[ 49. Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act ⁷⁵[ or pension under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983], any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act or the rate of that pension under that Order where the dependant in respect of whom the increase is paid is not a member of the claimant's family.]
[ 50. Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows)⁷⁶.
51. In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows)⁷⁷, the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
52.-(1) Any payment which is-

(a) made under any of the Dispensing Instruments to a widow of a person-

(i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
(ii) whose service in such capacity terminated before 31st March 1973; and

(b) equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).

(2) In this paragraph "the Dispensing Instruments" means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non- effective pay and allowances)⁷⁸.⁷⁹]
[ 53. Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991⁸⁰⁸¹⁸²].
[ 54. Any payment made by the Secretary of State under the Earnings Top-up Scheme.]
[ 55. Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.
56.-(1) Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).
(2) The times 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 personal community charge, collective community charge contribution or any council tax for which any member of the family is liable.
(3) For the purposes of this paragraph, "ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.⁸³]
[ 57. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in-

(a) the self-employment route;
(b) an employment programme specified in-

(i) regulation 75(1)(a)(ii)(bb) of the Jobseeker's Allowance Regulations 1996 (Voluntary Sector Option of the New Deal);
(ii) regulation 75(1)(a)(ii)(cc) of those Regulations (Environmental Task Force Option of the New Deal); or

(c) the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or the Intensive Activity Period for 50 plus ⁸⁴ .]

[ 58. Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in the Full Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker's Allowance Regulations 1996⁸⁵.]
[ 59.-(1) Subject to subparagraph (2), in respect of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996⁸⁶ (self-employment route of the Employment Option of the New Deal)⁸⁷, any payment to that person-

(a) to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
(b) which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which assistance is or was received.
(2) Subparagraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker's Allowance Regulations 1996.⁸⁸]
[ 60.-(1) Subject to subparagraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker's Allowance Regulations 1996.
(2) No amount shall be disregarded pursuant to subparagraph (1) in respect of travel expenses incurred as a result of the student's attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 46 (student's income to be disregarded).⁸⁹]

S.I.2000 No.3134 regn.16 modifies Sch. 3 from 28 November 2000 to 27 November 2001, unless revoked earlier.
[61. Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
62. Any top-up payment made to a person ("the participant") pursuant to-

(a) section 2 of the Employment and Training Act 1973 in respect of the participant's participation in the activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those regulations ("the intensive activity period"); or
(b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant's participation in the intensive activity period and which is made in respect of the participant's participation in that period,

but only for the period of 52 weeks beginning on the date of receipt of the payment.]

[ 63.-(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.⁹⁰]

[64. Any payment of voucher provided under section 95 or 99 of the Immigration and Asylum Act 1999 for any former asylum-seeker or his dependants.
65. In the case of a claimant participating in an employment zone scheme, any payment made by an employment zone contractor to the claimant being-

(a) a training premium payable in respect of the claimant's participation in the employment zone scheme; or
(b) a discretionary payment, being a fee, grant, loan or otherwise⁹¹.]

[66. In the case of a claimant participating in [a course of training or instruction funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, the Scottish Enterprise or the Highlands and Islands Enterprise, or⁹²] an employment zone scheme, any payment [under the course or scheme⁹³] by way of monies accumulated in order to assist in the pursuit of self-employed earner's employment which are paid after the claimant has ceased to participate [in the course or scheme⁹³]⁹⁴.]
[67. In the case of a claimant who is absent from work by reason of jury service ,any payment to the claimant in respect of loss of earnings by reason of that jury service⁹⁵.]
[68. £15 of any-

(a) widowed mother's allowance paid pursuant to section 37 of the Contributions and Benefits Act;
(b) widowed parent's allowance paid pursuant to section 39A of the Contributions and Benefits Act⁹⁶.]

[69. Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations ⁹⁷ ⁹⁸.]

SCHEDULE 4
Regulation 32(2)
CAPITAL TO BE DISREGARDED

1.The dwelling, together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated; but, notwithstanding regulation 12 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.
[1A.-(1) The dwelling, together with any garden, garage and outbuildings, which the claimant intends in due course to occupy as his home but which he currently does not so occupy solely because he resides in living accommodation which is for him job-related.
(2) Notwithstanding regulation 12, only one dwelling shall be disregarded under this paragraph.
(3) In sub-paragraph (1) the reference to a dwelling includes any premises which it is impracticable or unreasonable to sell separately from the dwelling, in particular, in Scotland, any croft land on which the dwelling is situated.
(4) For the purposes of sub-paragraph (1) living accommodation is job-related for a claimant if it meets either of the following conditions:

Condition 1

The living accommodation is provided for the claimant by reason of his employment, or for his partner by reason of her employment, in any of the following cases-

(i) where it is necessary for the proper performance of the duties of the employment that the employee should reside in that accommodation;
(ii) where the accommodation is provided for the better performance of the duties of the employment, and it is one of the kinds of employment in the case of which it is customary for employers to provide living accommodation for employees;
(iii) where, there being a special threat to the employee's security, special security arrangements are in force and the employee resides in the accommodation as part of those arrangements.
Condition 2

The living accommodation is provided for the claimant or his partner under a contract entered into with a person with whom the claimant or his partner is not connected and requiring him or his partner-

(a) to carry on a particular trade, profession, business or vocation;
(b) to carry on that trade, profession, business or vocation on premises or other land provided by another person (whether under a tenancy or otherwise); and
(c) to live either on those premises or on other premises provided by that other person.

(5) For the purposes of Condition 2 the claimant or his partner is connected with another person ("A") in any of the following circumstances-

(a) A is a relative, or the partner of a relative, of the claimant or his partner;
(b) A is a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership, or the partner or a relative of a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership.

(6) In sub-paragraph (5) "relative" means brother, sister, ancestor or lineal descendant ⁹⁹ . ]
2. Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.
3. Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.
4. Any premises occupied in whole or in part by a partner or relative (that is to say any close relative, grandparent, grandchild, uncle, aunt, nephew or niece) of any member of the family as his home, where that person is aged 60 or over or has been incapacitated for a continuous period of at least 13 weeks immediately preceding the date of the claim¹⁰⁰.
[ 5. Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.]
6.-(1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
(2) The assets of any business owned in whole or in part by the claimant where-

(a) he has ceased to be engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; and
(b) he intends to become re-engaged as a self-employed earner in that business as soon as he recovers or is able to be re-engaged in that business,

for a period of 26 weeks from the date on which the claimant last ceased to be engaged in that business, or, if it is unreasonable to expect him to become re- engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so re-engaged¹⁰¹.
[ (3)In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal) ¹⁰² , the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.
(4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in subparagraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.]
7. Any sum attributable to the proceeds of sale of any asset of such a business which is re-invested or to be re-invested in the business within 13 weeks of the date of sale or such longer period as may be reasonable to allow for the re- investment.
8. Any arrears of, or any concessionary payment made to compensate for arrears due to non-payment of-

(a) any payment specified in paragraphs 4, 6 or 7 of Schedule 3;
(b) an income-related benefit ¹⁰³[ or income-based jobseeker's allowance] or supplementary benefit under the Supplementary Benefits Act 1976¹⁰⁴, family income supplement under the Family Income Supplements Act 1970¹⁰⁵ or housing benefit under Part I of the Social Security and Housing Benefits Act 1982¹⁰⁶¹⁰⁷,
[ (c) any earnings top-up,]

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
9. Any sum-

(a) paid to the claimant in consequence of damage to, or loss of, the home or any personal possession and intended for its repair or replacement; or
(b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,

which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.
10. Any sum-

(a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985¹⁰⁸ or section 338(1) of the Housing (Scotland) Act 1987¹⁰⁹ as a condition of occupying the home;
(b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

11. Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to disability working allowance or to increase the amount of that benefit.
12. The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.
13. Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.
14. The value of the right to receive any income under a life interest or from a liferent.
15. The value of the right to receive any income which is disregarded under paragraph 1 of Schedule 2 or 21 of Schedule 3.
16. The surrender value of any policy of life insurance.
17. Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
18. Any payment made by a local authority under ¹¹⁰[ section 17 or 24] of the Children Act 1989¹¹¹ or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968¹¹² (provision of services for children and their families and advice and assistance for certain children).
19. Any social fund payment under Part III of the Act.
20. Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982¹¹³ (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.
21. Any capital which by virtue of regulations 28 (capital treated as income¹¹⁴)[ , 30(1) (modifications in respect of children and young persons)] or 47 (treatment of student loans) is to be treated as income.
22. Where a payment of capital is made in currency other than sterling, any banking charge or commission payable in converting that payment to sterling.
23.-(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust ("the Trusts¹¹⁵") [ , the Fund¹¹⁶][ , the Eileen Trust] or ¹¹⁷[ the Independent Living Funds].
(2) Any payment by or on behalf of a person who suffered or is suffering from haemophilia ¹¹⁸[ or who was or is a qualifying person], or by or on behalf of his partner or former partner from whom he is not or, where either that person or his former partner has died, was not estranged or divorced, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of-

(3) Any payment by a person who is suffering from haemophilia [ or who is a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where-

(i) to that person's parent or step-parent; or
(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person's death.
(4) Any payment out of the estate of a person who suffered from haemophilia [ or who was a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where-

(i) to that person's parent or step-parent; or
(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of 2 years from the relevant date.
(5) In the case of a person to whom or for whose benefit a payment under sub-paragraph (1), (2), (3) or (4) is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts¹¹⁹.
[ (6)For the purposes of sub-paragraphs (2) to (5), any reference to the Trusts shall be construed as including a reference to the Fund ¹²⁰[ and the Eileen Trust].]
24. The value of the right to receive an occupational or personal pension¹²¹.
[ 24A. The value of any funds held under a personal pension scheme or retirement annuity contract.]
25. The value of the right to receive any rent [ except where the claimant has a reversionary interest in the property in respect of which rent is due.]
26.-(1) Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling.
(2) In this paragraph "dwelling" includes any garage, garden and outbuildings which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.
27. Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
28. Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
29. Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.
30. Any premises occupied in whole or in part by the former partner of a claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.
31. Any payment in kind made by a charity or under the Macfarlane (Special Payments) Trust ¹²²[ , the Macfarlane (Special Payments) (No. 2) Trust or ¹²³[ the Fund or the Independent Living (1993) Fund.]]
32¹²⁴. [ £200 of any payment, or, if the payment is less than £200, the whole of any payment] made under section 2 of the Employment and Training Act 1973¹²⁵ (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 as a training bonus to a person participating in arrangements for training made under either of those sections but only for a period of 52 weeks from the date of the receipt of that payment.
33. Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
34. Any payments made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April but who did not become entitled to income support in respect of a period with that day.
35. Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
36. Any payment made to a juror or witness in respect of attendance at court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
37. Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge¹²⁶) [ or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax),] but only for a period of 52 weeks from the date of receipt of the payment.
38. Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988¹²⁷ or section 66 of the Housing (Scotland) Act 1988¹²⁸ (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used-

(a) to purchase premises intended for occupation as his home; or
(b) to carry out repairs or alterations which are required to render premises fit for occupation as his home,

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.
39.-(1) Any payment or repayment made-

(a) as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
(b) as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);

but only for a period of 52 weeks from the date of receipt of the payment or repayment.
(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of receipt of the payment or repayment.
40. Any payment made under regulations 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.
41. Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only or a period of 52 weeks from the date of receipt of the payment.
42. Any arrears of special war widows payment which is disregarded under paragraph 42 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings¹²⁹) [ or of any amount which is disregarded under paragraph 50, 51 or 52 of that Schedule], but only for a period of 52 weeks from the date of receipt of the arrears.
43. Any payment made, whether by the Secretary of State or any other person, under the Disabled Persons Employment Act 1944¹³⁰ or in accordance with arrangements made under section 2 of the Employment and Training Act 1973¹³¹ to assist disabled persons to obtain or retain employment despite their disability.
44. Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958¹³² to homeworkers assisted under the Blind Homeworkers' Scheme¹³³.
[ 45. Any sum of capital administered on behalf of a person ¹³⁴[ ] by the High Court under the provisions of Order 80 of the Rules of the Supreme Court¹³⁵, the County Court under Order 10 of the County Court Rules 1981¹³⁶, or the Court of Protection, where such sum derives from-

(a) an award of damages for a personal injury to that person; or
(b) compensation for the death of one or both parents [ where the person concerned is under the age of 18.]

46. Any sum of capital administered on behalf of a person [ ] in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994¹³⁷ or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965¹³⁸, or under Rule 36.14 of the Ordinary Cause Rules 1993¹³⁹, or under Rule 128 of the Ordinary Cause Rules¹⁴⁰, where such sum derives from-

(a) an award of damages for a personal injury to that person; or
(b) compensation for the death of one or both parents [ where the person concerned is under the age of 18.]¹⁴¹]

[ 47. Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991, but only for a period of 52 weeks from the date of receipt of that payment¹⁴².]
[ 48. Any payment to the claimant as holder of the Victoria Cross or George Cross¹⁴³.]
[ 49. The amount of any back to work bonus payable by way of a jobseeker's allowance or income support in accordance with section 26 of the Jobseeker's Act 1995, or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995¹⁴⁴, but only for a period of 52 weeks from the date of receipt¹⁴⁵.]
[ 50. The amount of any child maintenance bonus payable by way of a jobseeker's allowance or income support in accordance with section 10 of the Child Support Act 1995¹⁴⁶, or a corresponding payment under Article 4 of the Child Support (Northern Ireland) Order 1995¹⁴⁷, but only for a period of 52 weeks from the date of receipt¹⁴⁸.]
[ 51. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in-

(a) the self-employment route;
(b) an employment programme specified in-

(c) the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or the Intensive Activity Period for 50 plus,

but only for the period of 52 weeks from the date of receipt of the payment ¹⁴⁹ .]
[ 52. Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in the FullTime Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker's Allowance Regulations 1996 but only for a period of 52 weeks from the date of receipt of the payment¹⁵⁰.]
[ 53. In the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996 (self employment route of the Employment Option of the New Deal)¹⁰², any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired¹⁵¹.]
[ 54. Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker's Allowance Regulations 1996 but only for the period of 52 weeks from the date of receipt of that payment.]

S.I.2000 No.3134 regn. 17 modifies Schedule 4 from 28 November 2000 to 27 November 2001, unless revoked earlier, by adding paras. 55 & 56.
[55. Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.
56. Any top-up payment made to a person ("the participant") pursuant to-

but only for the period of 52 weeks beginning on the date of receipt of the payment¹⁵².]

[ 57.-(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 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.]

58. Any educational maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc) which is payable as a bonus payment at the end of an academic term but only for a period of 52 weeks from the date of receipt of that payment¹⁵³.
[59. In the case of a claimant participating in an employment zone scheme, any payment made by an employment zone contractor to the claimant being-

(a) a training premium payable in respect of the claimant's participation in the employment zone scheme; or
(b) a discretionary payment, being a fee, grant, loan or otherwise,

but only for the period of 52 weeks from the date of receipt of the payment.
60. Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment¹⁵⁴.]
[61. Any payment made to a person under regulation 11 of the Housing Benefit (Payments to Reduce Under-occupation) Regulations 2000¹⁵⁵, but only for a period of 52 weeks from the date of payment.
62. Any training grant payable under the New Deal 50 Plus Employment Credit scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973, but only for a period of 52 weeks from the date of payment¹⁵⁶.]
[63. Any payment by way of Job Grant pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973, but only for a period of 52 weeks from the date of payment¹⁵⁷.] .
[64. Any payment of £10,000 made by the Secretary of State to the claimant as a person who was held prisoner by the Japanese during World War Two or as the spouse of such a person¹⁵⁸.]
[65.- (1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant, or a member of a claimant's family, who is-

(a) a diagnosed person; or
(b) the diagnosed person's partner, or the person who was his partner at the date of his death; or
(c) a parent of a diagnosed person or a person acting in the place of his parents; or
(d) a member of the diagnosed person's family (other than his partner) or a person who was a member of his family (other than his partner) at the date of his death.

(2) Where a trust payment is made to-

(a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
(b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;
(c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending-

(i) two years after that date; or
(ii) on the day before the day on which that person ceases full-time education or attains the age of 19,

whichever is the later.

(3) Subject to sub-paragraph (4), the amount of any payment out of the estate of a person to whom a trust payment has been made which is made to a claimant, or a member of a claimant's family, who is-

(a) the person who was the diagnosed person's partner at the date of his death; or
(b) a parent of a diagnosed person or a person acting in the place of his parents; or
(c) a person who was a member of the diagnosed person's family (other than his partner) at the date of his death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to the person to whom the trust payment had been made.

(4) Where a payment out of an estate as referred to in sub-paragraph (3) is made to-

(a) the person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending on the date on which that person dies;
(b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending two years after that date;
(c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending-

(i) two years after that date; or
(ii) on the day before the day on which that person ceases full-time education or attains the age of 19,

whichever is the later.

(5) In this paragraph, a reference to a person being a member of the diagnosed person's family at the date of the diagnosed person's death shall include a person who would have been a member of his family but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.
In this paragraph-

"diagnosed person" means a person who has been diagnosed as suffering from, or who after his death has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
"full-time education" means either-

(a) full-time attendance on a course of full-time education at a recognised educational establishment as defined in section 147(1) of the Contributions and Benefits Act, or
(b) full-time education provided otherwise than at a recognised educational establishment, if such education is recognised by the Secretary of State pursuant to section 142(2) of that Act and is not a course of advanced education for the purposes of Chapter VII of Part IV of these Regulations;

"relevant trust" means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
"residential accommodation", residential care home" and "nursing home" have the meanings given by regulation 2(1) of the Income Support (General) Regulations 1987 ¹⁵⁹ ;
"trust payment" means a payment under a relevant trust ¹⁶⁰ .]

[66. Any ex-gratia payment made by the Secretary of State for Northern Ireland directly to the family of a victim of violence within the meaning given by section 1(4) of the Northern Ireland (Location of Victims' Remains) Act 1999 ¹⁶¹ ¹⁶².]
[67. Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001¹⁶³.]
[68.-(1) Where a payment has been made to the claimant or his partner by, or on behalf of, a government of a country outside the United Kingdom, either from its own resources or with contributions from any other organisation, by way of compensation for a victim of National Socialism, the amount of that payment.
(2) In sub-paragraph (1) the reference to a victim of National Socialism is a reference to a person who was required to work as a slave or forced labourer for National Socialists or their sympathisers during the Second World War, or suffered property loss, or suffered injury, or is the parent of a child who died, at the hands of National Socialists or their sympathisers during the Second World War¹⁶⁴.]

[SCHEDULE 5
DETERMINATION OF APPROPRIATE MAXIMUM DISABLED PERSON'S TAX CREDIT (EXCLUDING CHILDCARE TAX CREDIT)


(1) Claimant, child or young person			(2) Amount of credit
1.	Single Claimant.	1.	[ £ 61.05 ¹⁶⁵ .]
2.	Claimant to whom regulation 51(1)( c ) applies ( member of a married or unmarried couple or lone parent ).	2.	[ £ 91.25 ¹⁶⁵ .]
3.	Claimant to whom regulation 51(1)(d) applies ( single claimant or loan parent who works , or member of a married or unmarried couple either or both of whom work, for not less than 30 hours per week ).	3.	£11.45
4.	Claimant to whom regulation 51(1)(e) applies ( lone parent who is, or member of a married or unmarried couple either or both of whom are, severely disabled ).	4.	£16.00
5.	Claimant to whom regulation 51(1)(f) applies ( severely disabled who is neither a lone parent nor a member of a married or unmarried couple).	5.	£11.05
6.	Person in respect of the period beginning on, and including, that person's date of birth and ending on the day preceding the Tuesday which first occurs in the September following that person's sixteenth birthday.	6.	£26.00
7.	Person in respect of the period beginning on, and including , the Tuesday which first occurs in the September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday.	7.	£26.75
8.	Child or young person -	8.
	(a) to whom regulation 51(1)(h)( i ) applies ( disabled child or young person ) ; or	(a)	£30.00 ; or
	(b) to whom regulation 51(1)(h)(ii) applies (severely disabled child or young person ).	(b)	£ 41.05 ¹⁶⁶ .]

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.

Home

Previous | Next | Top | Menu

1 Words substituted in para. 6 by reg. 3(7) of S.I. 1995/2303 as from 3.10.95 or later expiry of award.

2 1948 c.29.

3 1989 c.24.

4 Number 182 substituted for 56 by reg. 23 of S.I. 1999/2487 as from 5.10.99.

5 Words substituted in para. 22 by Sch. 2(2)(xxii) of S.I. 1999/2487 as from 5.10.99.

6 1977 c.49.

7 1978 c.29.

8 S.I. 1972/1265 (N.I. 14).

9 Words substituted in para. 24 of Sch. 1 by reg. 26(b) of S.I. 1999/2487 as from 5.10.99.

10 Words substituted in para. 2 of Sch. 3 by reg. 8(a) of S.I. 1995/516 as from 11.4.95 or later expiry of award.

11 Words inserted in para. 3 by reg. 7(6)(a) of S.I. 1996/1345 as from 7.10.96.

12 Words inserted in para. 5 by reg. 7(6)(b) of S.I. 1996/1345 as from 7.10.96.

13 1996 c.56; section 518 was substituted by section 129 of the School Standards and Framework Act 1998 (c.31).

14 1980 c.44.

15 1992 c.37.

16 Para. 9 substituted by reg. 3 of S.I. 2000/421 as from 14 March 2000.

17 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 .

18 1990 c.35.

19 S.I. 2001 No.1334, post, regns.1,3,8(1),(2) with effect on or after 24 April 2001. Previously " [ (d) any child care expenses reimbursed to the claimant in respect of his participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker's Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations,] ".

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 .

21 Para. 11A inserted by reg. 3(8)(a) of S.I. 1995/2303 as from 3.10.95 or later expiry of award.

22 S.I.2000 No.2978 regn.8(1),(2),(5) in relation to award periods commencing on or after 10 April 2001.

23 1973 c.50.

24 S.I. 2000 No..2978,regns.2, 8(1),(2),(5) in relation to award periods commencing on or after 10 April 2001.

25 Amount £20 substituted for £10 in para. 12(1) by reg. 8(d) of S.I. 1996/462 as from 9.4.96 or later expiry of award.

26 Word substituted and words inserted in para. 12(2) by para. 17(2) of Sch. to S.I. 1993/315 as from 1.4.93.

27 Words omitted in para. 13 (1) by reg. 24(a) of S.I. 1999/2487 as from 5.10.99.

28 Refs. in para. 14(a) substituted by reg. 3(a) of S.I. 1995/3282 as from 20.12.95.

29 Words inserted into para. 14(c) by reg. 3(b) of S.I. 1995/3282 as from 20.12.95.

30 Para. 14 substituted by reg. 3 of S.I. 1995/2792 as from 28.10.95.

31 1975 c.61.

32 Words in para. 16(2) substituted by reg. 21(2) of S.I. 1993/315 as from 1.4.93 in relation to council tax and council tax benefit, 13.4.93 otherwise.

33 1988 c.1; paragraph (1A) was inserted in section 369 by section 81(3) of the Finance Act 1994 .

34 Head (i) of para. 17 substituted by reg. 9(a) of S.I. 1994/2139 as from 4.10.94 or later expiry of award.

35 Para. 18 substituted by reg. 8(b) of S.I. 1995/516 as from 11.4.95 or later expiry of award.

36 Words substituted in para. 19 by reg. 8(c) of S.I. 1995/516 as from 11.4.95 or later expiry of award.

37 Amount £9.25 in para. 19(b) substituted for £9.20 by art. 17(e) of S.I. 1996/599 as from 9.4.96 or later expiry of award.

38 Para. 19 substituted by reg. 28(2) of S.I. 1994/527 as from 12.4.94.

39 1976 c.36; section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989 .

40 1978 c.28.

41 1989 c.41.

42 Head 22(1)(c) inserted by reg. 7(1) of S.I. 1998/563 as from 7.4.98.

43 1968 c.49.

44 S.I. 1985/1799.

45 1948 c.29; section 26(3A) was inserted by section 42(4) of the National Health Service and Community Care Act 1990 .

46 Para. 24 substituted by reg. 7(3) of S.I. 1998/563 as from 7.4.98.

47 Para. 25A inserted by reg. 3 of S.I. 1998/1173 as from 2.6.98, or from the day following the expiration of an award in payment on that day.

48 Amount £20 substituted for £10 in para. 29 by reg. 8(d) of S.I. 1996/462 as from 9.4.96 or later expiry of award.

49 Words inserted into para. 33 by reg. 3(6) of S.I. 1992/1101 as from 7.5.92.

50 Words inserted into para. 33(1) by reg. 5(4)(a) of S.I. 1993/1249 as from 14.5.93.

51 Words substituted in para. 33(1) by reg. 6(3) and (4) of S.I. 1993/963 as from 22.4.93.

52 Words inserted into para. 33(2) and (3) by reg. 3(6) of S.I. 1992/1101 as from 7.5.92.

53 Words inserted into para. 33(4) by reg. 3(6)(d) of S.I. 1992/1101 as from 7.5.92.

54 Words added to para. 33(6) by reg. 5(4)(b) of S.I. 1993/1249 as from 14.5.93.

55 Sub-para. (6) added to para. 33 by reg. 3(6)(e) of S.I. 1992/1101 as from 7.5.92.

56 S.I. 1983/1399.

57 Para. 38 substituted by reg. 28(3) of S.I. 1994/527 as from 12.4.94.

58 1988 c.41.

59 1987 c.47.

60 Words added to para. 40 by para. 17(3) of Sch. to S.I. 1993/315 as from 1.4.93.

61 1992 c.14.

62 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.

63 Army Code No. 13045 published by HMSO.

64 1917 c.51. Queen's Regulations for the Royal Air Force are available from HMSO.

65 1980 c.9. Copies of the Regulations are available from Ministry of Defence at the address given in footnote to para. 41(a) above.

66 Army Code No. 60589 published by HMSO.

67 S.I. 1988/551.

68 S.I. 1988/546.

69 S.I. 1988/536, the relevant amending instrument is S.I. 1990/3.

70 1944 c.10.

71 1973 c.50; section 2 was substituted by section 25(1) of the Employment Act 1988 .

72 Words substituted in reg. 46 by Sch 1(2)(vi) of S.I.1999/2487 as from 5.10.99.

73 Para. 49 added to Sch. 3 by reg. 28(4) of S.I. 1994/527 as from 12.4.94.

74 Paras. 47 and 48 added to Sch. 3 by reg. 21(3) of S.I. 1993/315 as from 1.4.93 in relation to council tax and council tax benefit, 13.4.93 otherwise.

75 Words inserted in para. 49 by reg. 3(8)(b) of S.I. 1995/2303 as from 3.10.95 or later expiry of award.

76 S.I. 1983/883; relevant amending instruments S.I. 1993/598 and 1994/1906.

77 S.I. 1983/686; relevant amending instruments S.I. 1994/715 and 1994/2021.

78 Copies of the Dispensing Instruments are available from the Department of Social Security A1, 6th Floor Adelphi, 1-11 John Adam Street, London WC2N 6HT.

79 Paras. 50 to 52 added to Sch. 3 by reg. 9(b) of S.I. 1994/2139 as from 4.10.94 or later expiry of award.

80 Para. 54 added to Sch.3 by para. 5(1) and (2)(a) of Sch. to S.I. 1996/1944 as from 7.10.96 or later expiry of award.

81 1991 c.48.

82 Para. 53 added to Sch. 3 by reg. 8(d) of S.I. 1995/516 as from 11.4.95 or later expiry of award.

83 Paras. 55 and 56 inserted by reg. 2(6)(a) of S.I. 1997/65 as from 8.4.97 or later expiry of award.

84 S.I. 2001 No.1334, post, regns.1,3,8(1),(3) with effect on or after 24 April 2001.Previously " [ 57. Any mandatory topup payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in an employment programme specified in- (a) regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal); (b) regulation 75(1)(a)(ii)(bb) of those Regulations Voluntary Sector Option of the New Deal); or(c) regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal).] ".

85 S.I.1997/2863 regn. 17(10)(b) with effect form 5 January 1998.

86 S.I. 1996/207; the relevant amending instrument was S.I. 1998/1174.

87 See S.I.2000 No.3134 regn. 18(2)-(3) - modification in relation to New Deal pilots 25 plus

88 Para. 59 inserted by reg. 7(5) of S.I. 1998/1174 as from 1.6.98.

89 Para. 60 inserted by reg. 4(2) of S.I. 1998/2117 as from 24.9.98.

90 Para. 63 inserted by reg. 4(4) of S.I. 1999/2165 as from 24.8.99 or later expiry of award.

91 S.I. 2000 No. 795, regn. 4(2) with effect on and after 11 April 2000.

92 S.I.2001 No.1082, post, regns.1(2),3,6(1),(2)(a) in relation to award periods commencing on or after 10 April 2001.

93 S.I.2001 No.1082, post, regns.1(2),3,6(b),(c ) in relation to award periods commencing on or after 10 April 2001. Previously " under the scheme " and " in the scheme " respectively.

94 S.I. 2000 No.2978, regns.2,8(1),(3),(6) in relation to award periods commencing on or after 28 November 2000.

95 S.I. 2000 No.2978, regns.2,8(1),(4),(6) in relation to award periods commencing on or after 28 November 2000.

96 S.I. 2001 No.19, post, regn.3(1),(2),(3) in relation to award periods commencing on or after 10 April 2001.

97 S.I. 2001 No.1167.

98 S.I. 2001 No.2220 ,post, regns.1(2) ,3,4(1),(2) in relation to award periods commencing on or after 3 July 2001.

99 S.I. 2001 No.3085,post, regns.1,3,4 in relation to award periods commencing on or after 9 October 2001.

100 Para. 5 substituted by reg. 3(9)(a) of S.I. 1995/2303 as from 3.10.95 or later expiry of award.

101 Subpara. (3) and (4) inserted by reg. 7(7) of S.I. 1998/1174 as from 1.6.98.

102 See S.I.2000 No.3134 regn. 18(2)-(3) - modification in relation to New Deal pilots 25 plus

103 Words inserted in para 8(b) by reg. 7(7)(a) of S.I. 1996/1345 as from 7.10.96.

104 1976 c.71.

105 1970 c.55.

106 Para 8(c) inserted in Sch. 4 by para. 7(1) and (2)(b) of Sch. to S.I. 1996/1944 as from 7.10.96 or later expiry of award.

107 1982 c.24.

108 1985 c.69.

109 1987 c.26.

110 Words substituted in para. 18 by para. 19 of Sch. to S.I. 1992/2155 as from 5.10.92.

111 1989 c.41.

112 1968 c.49.

113 1982 c.39.

114 Words inserted in para. 21 by reg. 46(2) of S.I. 1993/2119 as from 5.10.93 or later expiry of award.

115 Words inserted into para. 23 by reg. 3(7)(a) of S.I. 1992/1101 as from 7.5.92.

116 Words inserted into para. 23(1) by reg. 5(5)(a) of S.I. 1993/1249 as from 14.5.93.

117 Words substituted in para. 23(1) by reg. 6(3) and (4) of S.I. 1993/963 as from 22.4.93.

118 Words inserted into para. 23(2)-(4) by reg. 3(7)(a) of S.I. 1992/1101 as from 7.5.92.

119 Sub-para. (6) added to para. 23 by reg. 3(7)(a)(v) of S.I. 1992/1101 as from 7.5.92.

120 Words added to para. 23(6) by reg. 5(5)(b) of S.I. 1993/1249 as from 14.5.93.

121 Para. 24A added, and words added to para. 25, by reg. 3(9)(b) and (c) respectively of S.I. 1995/2303 as from 3.10.95 or later expiry of award.

122 Words substituted in para. 31 by reg. 3(7)(b) of S.I. 1992/1101 as from 7.5.92.

123 Words substituted in para. 31 by reg. 6(5) of S.I. 1993/963 as from 22.4.93.

124 Words in para. 32 substituted by reg. 46(3) of S.I. 1993/2119 as from 5.10.93 or later expiry of award.

125 1973 c.50; section 2 was substituted by the Employment Act 1988 , section 25.

126 Words inserted in para. 37 of Sch. 4 by para. 18 of Sch. to S.I. 1993/315 as from 1.4.93.

127 1988 c.50

128 1988 c.43.

129 Words inserted into para. 42 of Sch. 4 by reg. 10(a) of S.I. 1994/2139 as from 4.10.94 or later expiry of award.

130 1944 c.10.

131 1973 c.50; section 2 was substituted by section 25(1) of the Employment Act 1988 .

132 1958 c.33.

133 Paras. 45 and 46 added to Sch. 4 by reg. 10(b) of S.I. 1994/2139 as from 4.10.94 or later expiry of award.

134 Words deleted & inserted in paras. 45 & 46 by reg. 7(10(b) of S.I. 1997/2197 as from 7.10.97 or later expiry of award.

135 S.I. 1965/1776; for Order 80 as currently in force see "The Supreme Court Practice 1993" ISBN O 421 46400 3.

136 S.I. 1981/1687; for Order 10 as currently in force see "The County Court Practice 1994" ISBN 0 406 03674 8.

137 S.I. 1994/1443.

138 S.I. 1965/321.

139 First Schedule to the Sheriff Courts (Scotland) Act 1907 as substituted in respect of causes commenced on or after 1 January 1994 by S.I. 1993/1956.

140 First Schedule to the aforesaid Act of 1907 as substituted by S.I. 1983/747.

141 Para. 47 added to Sch. 4 by reg. 9 of S.I. 1995/516 as from 11.4.95 or later expiry of award.

142 Para. 48 added to Sch. 4 by reg. 11(2) of S.I. 1996/462 as from 9.4.96 or later expiry of award.

143 Para 49 added by reg. 7(7)(b) of S.I. 1996/1345 as from 7.10.96.

144 S.I. 1995/2705 (N.I. 15).

145 Para. 50 added by reg. 15(a) of S.I. 1996/3195 as from 7.4.97.

146 1995 c.34.

147 S.I. 1995/2702 (N.I.13).

148 Para. 51 substituted by reg. 7(9) of S.I. 1998/1174 as from 1.6.98.

149 S.I. 2001 No.1334, post, regns.1,3,9(1),(2) with effect on or after 24 April 2001.Previously " [ 51. Any mandatory top up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in an employment programme specified in- (a) regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations 1996 (self employment route of the Employment Option of the New Deal); (b) regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal); or (c) regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal); but only for a period of 52 weeks from the date of receipt of the payment.]".

150 Para. 53 inserted by reg. 7(11) of S.I. 1998/1174 as from 1.6.98.

151 Para. 54 inserted by reg. 5(2) of S.I. 1998/2117 as from 24.9.98.

152 Para. 57 inserted by reg. 4(5) of S.I. 1999/2165 as from 24.8.99 or later expiry award.

153 Para. 58 added by reg. 4 of S.I. 2000/421 regn.4.

154 S.I. 2000/795, regn. 4(3) with effect on and after 11 April 2000.

155 S.I. 2000/63.

156 S.I. 2000/795, regn. 6 with effect on and after 11 April 2000.

157 S.I. 2000 No.2978, post,regns.2,9(1),(2),(3) in relation to award periods commencing on or after 10 April 2001.

158 S.I.2001 No.19, post, regn.4(1),(2),(3) in relation to award periods commencing on or after 30 January 2001.

159 S.I. 1987 No.1967.

160 S.I. 2001 No.1082, post, regsn.1(2),7,8 in relation to award periods commencing on or after 10 April 2001.

161 1999 c.7.

162 S.I. 2001 No.1082, post, regsn.1(2),7,9 in relation to award periods commencing on or after 10 April 2001.

163 S.I. 2001 No.2220 ,post, regns.1(2) ,3,5(1),(2) in relation to award periods commencing on or after 3 July 2001.

164 S.I.2001/3454 regn.5 in relation to award periods commencing on or after 13 November 2001.

165 S.I. 2001 No.1351,post, regns.1(2),5,7 (a),(b) in relation to award periods of disabled person's tax credit commencing on or after 5 June 2001. For earlier rates see Inland Revenue web site at www.inlandrevenue.gov.uk.

166 S.I. 2001 No.1141, post, regns.1(2),4 ( c ) in relation to award periods of disabled person's tax credit commencing on or after 10 April 2001. For earlier rates see Inland Revenue web site - rates and allowances at www.inlandrevenue.gov.uk.

In this section