PART VMISCELLANEOUS AND SUPPLEMENTAL

Pilot schemes73

1

Any regulations to which this paragraph applies may be made so as to have effect for a specified period not exceeding 12 months.

2

Any regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as “a pilot scheme”.

3

A pilot scheme may provide that its provisions are to apply only in relation to—

a

one or more specified areas or localities;

b

one or more specified classes of person;

c

persons selected—

i

by reference to prescribed criteria; or

ii

on a sampling basis.

4

A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

5

A pilot scheme ( “the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

6

In so far as a pilot scheme would, apart from this paragraph, have the effect of—

a

treating as capable of work any person who would not otherwise be so treated; or

b

reducing the total amount of benefit that would otherwise be payable to any person,

it shall not apply in relation to that person.

7

Paragraph (1) applies to—

a

regulations made under section 167D of the Contributions and Benefits Act (incapacity for work: persons to be treated as incapable or capable of work); and

b

in so far as they are consequential on or supplementary to any such regulations, regulations made under any of the provisions mentioned in paragraph (8).

8

The provisions are—

a

subsection (5)(a) of section 22 of the Contributions and Benefits Act (earnings factors);

b

section 30C of that Act (incapacity benefit: days and periods of incapacity for work);

Sub‐para. (c) rep. by 1999 NI 11

d

subsection (1)(e) of section 123 of that Act (income support) and, so far as relating to income support, subsection (1) of section 131 of that Act (the applicable amount);

e

Part XIIA of that Act (incapacity for work);

f

section 59A of the Administration Act and Article 31 (incapacity for work).