Amendment of the Disability Working Allowance Regulations and the Family Credit Regulations3

1

Both the Disability Working Allowance Regulations and the Family Credit Regulations shall be amended in accordance with paragraphs (2) to (5).

2

In both regulation 6(3) of the Disability Working Allowance Regulations12 and regulation 4(3) of the Family Credit Regulations13 (remunerative work) after sub-paragraph (d) there shall be added the following sub-paragraph—

e

he is engaged in an activity in respect of which—

i

a sports award has been made, or is to be made, to him, and

ii

no other payment is made or is expected to be made to him.

3

In both regulation 24(3) of the Disability Working Allowance Regulations14 and regulation 21(3) of the Family Credit Regulations15 (earnings of self-employed earners) at the end there shall be added “nor shall it include any sports award.”.

4

There shall be added as paragraph 62 of Schedule 3 to the Disability Working Allowance Regulations16 and as paragraph 64 of Schedule 2 to the Family Credit Regulations17 (sums to be disregarded in the calculation of income other than earnings) the following paragraph—

1

Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

2

The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family.

3

For the purposes of sub-paragraph (2)—

  • “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

  • “housing costs” do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made;

  • “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

5

There shall be added as paragraph 55 of Schedule 4 to the Disability Working Allowance Regulations18 and as paragraph 56 of Schedule 3 to the Family Credit Regulations19 (sums to be disregarded in the calculation of capital) the following paragraph—

1

Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

2

The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family.

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.