1994 No. 450 (C. 15)

SOCIAL SECURITY

The Social Security (Incapacity for Work) (1994 Order) (Commencement) Order (Northern Ireland) 1994

Made

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Social Security (Incapacity for Work)(Northern Ireland) Order 19941 and paragraph 2(1) of Schedule 1 to the Northern Ireland Act 19742 and of all other powers enabling it in that behalf, hereby makes the following order:

Citation and interpretation1

1

This order may be cited as the Social Security (Incapacity for Work) (1994 Order) (Commencement) Order (Northern Ireland) 1994.

2

In this order “the Order” means the Social Security (Incapacity for Work) (Northern Ireland) Order 1994.

Appointed days2

The day appointed for the coming into operation of—

a

the provisions of the Order specified in Part I of the Schedule is 21st November 1994;

b

the provisions of the Order specified in Part 11 of the Schedule—

i

for the purpose only of authorising the making of regulations expressed to come into operation on 13th April 1995, is 21st November 1994, and

ii

for all other purposes, is 13th April 1995;

c

the provisions of the Order specified in Part III of the Schedule is 6th April 1995; and

d

the provisions of the Order specified in Part IV of the Schedule is 13th April 1995.

Sealed with the Official Seal of the Department of Health and Social Services on

C. P. MooreAssistant Secretary

SCHEDULE

Article 2

PART IPROVISIONS COMING INTO OPERATION ON 21ST NOVEMBER 1994

Provisions of the Order

Subject Matter

Article 4(6)

Up-rating of incapacity benefit

Article 6

Power to provide for the transition to incapacity benefit

Article 9

Power to provide for the transition to the new test of incapacity for work

Article 10(2)

Up-rating of statutory sick pay

Article 14

General power to make transitional and consequential provision

PART IIPROVISIONS COMING INTO OPERATION ON 21ST NOVEMBER 1994 FOR THE PURPOSE ONLY OF MAKING REGULATIONS AND FOR ALL OTHER PURPOSES ON 13TH APRIL 1995

Provisions of the Order

Subject Matter

Article 4(1) and (4)

Rate of incapacity benefit

Article 5(1)

Supplementary provisions relating to incapacity benefit

Article 7

Test of incapacity for work

Article 8

Supplementary provisions and adjudication relating to test of incapacity for work

Article 11

Severe disablement allowance

Article 12(1) and (3)

Disability working allowance

PART IIIPROVISIONS COMING INTO OPERATION ON 6TH APRIL 1995

Provisions of the Order

Subject Matter

Article 10(1), (3) and (4)

Rate of statutory sick pay

PART IVPROVISIONS COMING INTO OPERATION ON 13TH APRIL 1995

Provisions of the Order

Subject Matter

Article 3

Entitlement to incapacity benefit

Article 4(2), (3) and (5)

Rate of incapacity benefit

Article 5(2)

Amendment of Schedule 3 to the Social Security Contributions and Benefits (Northern Ireland) Act 19923 (contribution conditions)

Article 12(2)

Amendment of section 128(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (disability working allowance)

Article 13 and Schedules 1 and 2

Consequential amendments and repeals

Article 15

Saving for existing enactments

(This note is not part of the Order.)

This order provides for the coming into operation of the provisions of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994. The commencement dates are—

a

21st November 1994 for the purposes of—

i

enabling regulations to be made, and

ii

up-dating the rates of incapacity benefit and statutory sick pay;

b

6th April 1995 for the purposes of provisions relating to statutory sick pay; and

c

13th April 1995 for all remaining purposes.