The Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2002

Transitional provisions

6.—(1) Where, at any time during the pre-commencement period, a person was undertaking work of a kind described in regulation 17(1)(a) of the principal Regulations as then in force (work undertaken on medical advice), that regulation 17 shall, until the end of the day specified in paragraph (3) below, continue to apply in his case as if regulation 3 of these Regulations had not come into force.

(2) Where, at any time during the pre-commencement period, a person was, by virtue of regulation 7(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995, deemed to be incapable of work notwithstanding that he was undertaking work for more than 16 hours in any week, that regulation 7 shall, until the end of the day specified in paragraph (3) below, continue to apply in his case as if regulation 5 of these Regulations had not come into force.

(3) The day referred to in paragraphs (1) and (2) above is—

(a) 6th April 2003;

(b) where no work of a kind referred to in paragraph (1) or (2) above is undertaken by that person at any time during a period of 57 continuous days, the day which is the last day of that period; or

(c) the day on which the period of incapacity for work which, on the day on which these Regulations come into force, has effect in relation to that person comes to an end,

whichever first occurs.

(4) In this regulation—

• “period of incapacity for work” is to be construed in accordance with section 30C(1)(b) and (c) of the Social Security Contributions and Benefits Act 1992(1); and

• “pre-commencement period” means the period which began 56 days before the day on which these Regulations come into force and ended on the day preceding that day.

(1)

1992 c. 4. Section 30C was inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).