The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1995

Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995

2.—(1) The Social Security (Incapacity for Work) (General) Regulations 1995(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 6 (information required for determining capacity for work)—

(a) in paragraph (1) at the beginning for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (2) and (3)”; and

(b) for paragraph (3) there shall be substituted the following paragraph—

“(3) Paragraph (1) shall not apply in relation to a determination—

(a) whether a person is capable of work for the purposes of a claim for unemployment benefit; or

(b) whether a person is to be treated as incapable of work under any of regulations 10 to 14.”.

(3) In regulation 10 (certain persons with a severe condition to be treated as incapable of work)—

(a) in paragraph (1) at the beginning there shall be inserted the words “Where the all work test applies,” and for the words “day on which” there shall be substituted the words “day in respect of which”;

(b) in paragraph (2)—

(i) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“(a) that he receives, in respect of the day in question, a payment of—

(i) the highest rate care component of disability living allowance;

(ii) an increase of disablement pension by virtue of section 104 of the Contributions and Benefits Act and regulation 19 of the Social Security (General Benefit) Regulations 1982 (increase of disablement pension for constant attendance)(2) at a rate greater than that specified in paragraph 2(a) or at the rate specified in paragraph 2(b) of Part V of Schedule 4 to that Act(3);

(iii) a constant attendance allowance by virtue of article 14(1)(b) of the Naval, Military, and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983(4);

(iv) an increase of constant attendance allowance at a rate payable by virtue of article 14 of, and paragraph 3(a) of Schedule 3 to, the Personal Injuries (Civilians) Scheme 1983(5);”;

(ii) in sub-paragraph (e) for head (vii) there shall be substituted the following head—

“(vii) manifestations of severe and progressive immune deficiency states characterised by the occurrence of severe constitutional disease or opportunistic infections or tumour formation;”.

(4) In regulation 16(1) (which relates to persons who work) for the words “regulations 10 to 15 or 26” there shall be substituted the words “any of regulations 10 to 15 or 27”.

(5) In regulation 17(2)(a) (which relates to exempt work) for the figure “£43” there shall be substituted the figure “£44”.

(6) After regulation 17 there shall be inserted the following regulation—

“Person who claims unemployment benefit to be treated as capable of work

17A.   Where the all work test applies, a person shall be treated as capable of work on each day in respect of which he claims unemployment benefit, notwithstanding that it has been determined that he satisfies that test or that he is, or is to be treated as, incapable of work under regulation 10 or 27, if on that day—

(a) the following conditions are satisfied, namely—

(i) that he has done some work or undertaken a course of education or training or similar activity in preparation for work while suffering from the specific disease or bodily or mental disablement which led to that determination; and

(ii) that since he did so, that disease or disablement has not worsened, nor is he suffering from any further disease or bodily or mental disablement which might affect his capacity for work; or

(b) he is able to show that he has a reasonable prospect of obtaining employment.”.

(7) In regulation 18(1)(a) (disqualification for misconduct etc.) the words “that this disqualification shall not apply” shall be omitted.

(8) For regulation 20 there shall be substituted the following regulation—

“Adjudication officer to determine certain questions

20.   Where, in relation to a determination for any purpose to which Part XIIA of the Contributions and Benefits Act applies, a question arises as to—

(a) whether a person is, or is to be treated as, capable or incapable of work in respect of any period; or

(b) whether a person is terminally ill,

that question shall be determined by an adjudication officer notwithstanding that other questions fall to be determined by another authority.”.

(9) In regulation 22(2)(b) (appointment of medical assessors) before the word “adviser” there shall be inserted the word “paid”.

(10) In regulation 28(2)(b)(iii) for the words “satisfied any requirements of the Secretary of State” there shall be substituted the words “provided the information requested by the Secretary of State”.

(1)

S.I. 1995/311.

(2)

S.I. 1982/1408.

(3)

The rates specified in Schedule 4, Part V, paragraph 2 were increased by article 3 of the Social Security Benefits Up-Rating Order 1995 (S.I. 1995/559).

(4)

S.I. 1983/883; relevant amending instrument is 1994/772.

(5)

S.I. 1983/686; relevant amending instrument is 1994/715.