The Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997

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

2.  In regulation 10(2) of the Social Security (Incapacity for Work) (General) Regulations 1995(1) (certain persons with a severe condition to be treated as incapable of work) after sub-paragraph

(a) there shall be inserted—

“(aa) that he is entitled to—

(i) a disablement pension by virtue of section 103 of the Contributions and Benefits Act by reference to a degree of disability of not less than 80 per cent.;

(ii) a disablement pension by virtue of Part III of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(2) or of Part III of the Personal Injuries (Civilians) Scheme 1983(3) by reference to a degree of disability of not less than 80 per cent.;

(ab) that evidence in accordance with regulation 10 of the Social Security (Severe Disablement Allowance) Regulations 1984(4) establishes that he suffers from a loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.;”.

(1)

See the Social Security Administration Act 1992 (c. 5), section 172(1).

(2)

S.I. 1995/311. Regulation 10 was amended by S.I. 1995/987 and 1996/3207.

(3)

S.I. 1983/883; relevant amending instruments are S.I. 1983/1116 and 1521, 1984/1154 and 1687, 1985/1201, 1986/592, 1990/1308, 1991/766, 1992/710 and 3208, 1993/598 and 1994/772.

(4)

S.I. 1983/686; relevant amending instruments are S.I. 1983/1540, 1984/1289 and 1675, 1985/1313, 1986/628, 1990/1300, 1991/708, 1992/702 and 3226, 1993/480 and 1164 and 1995/445.