The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995

PART IV PROVISIONS FOR THE TRANSSITION TO INCAPACITY BENEFIT FROM INVALIDITY BENEFIT

Transitional awards of long-term incapacity benefit

17.—(1) Where a person is entitled to invalidity benefit immediately before the appointed day, that award of invalidity benefit shall have effect on or after the appointed day as if it were an award of long-term incapacity benefit; and such an award shall be referred to in these regulations as a transitional award of long-term incapacity benefit.

(2) Subject to regulations 29 to 32, a person’s entitlement to a transitional award of long-term incapacity benefit shall be subject to him being incapable of work as determined in accordance with Part XIIA of the Contributions and Benefits Act.

(3) A person who reaches pensionable age before the appointed day and who is entitled to a transitional award of long-term incapacity benefit under paragraph (1) shall continue to be entitled to that award on any day that he is incapable of work as determined in accordance with Part XIIA of the Contributions and Benefits Act for as long as he is not more than 5 years over pensionable age.

(4) Where a person who is incapable of work reaches pensionable age on or after the appointed day, entitlement to a transitional award of long-term incapacity benefit shall terminate on the date of his attaining pensionable age.

Rate of long-term incapacity benefit in transitional cases

18.—(1) Subject to paragraph (7), in transitional cases, the weekly rate long-term incapacity benefit shall consist of—

(a) a basic rate of an amount equal to the rate of long-term incapacity benefit specified in paragraph 2A of Part I of Schedule 4(1);

(b) where an additional pension was paid or payable with Invalidity Benefit immediately before the appointed day, an additional rate of an amount equal to the rate paid or payable as an additional pension with invalidity benefit immediately before the appointed day; and that amount shall be referred to as the additional rate;

(c) where an invalidity allowance was payable by virtue of section 34(2) immediately before the appointed day, an amount equal to the appropriate rate specified in paragraph (2); and that amount shall be referred to as a transitional invalidity allowance.

(2) The appropriate rate referred to in paragraph (1)(c) is—

(a) where the higher rate of invalidity allowance was payable immediately before the appointed day, £12.15;

(b) where the middle rate of invalidity allowance was payable immediately before the appointed day, £7.60;

(c) where the lower rate of invalidity allowance was payable immediately before the appointed day, £3.80.

(3) In a transitional case, where for any period a person is entitled to an award of long-term incapacity benefit which includes the additional rate and a transitional invalidity allowance, for that period the relevant amount shall be deducted from the appropriate weekly rate of the transitional invalidity allowance and he shall be entitled to the transitional invalidity allowance only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.

(4) In paragraph (3) “the relevant amount” means an amount equal to the additional rate reduced by the amount of any reduction in the weekly rate of incapacity benefit made by virtue of regulation 22.

(5) Where the rate of long-term incapacity benefit includes a transitional invalidity allowance no increase shall become payable by virtue of regulations made under section 30B(7).

(6) In a transitional case where a person attained pensionable age before the appointed day and is not more than 5 years over that age, he shall continue to be entitled to long-term incapacity benefit payable at the rate at which the basic pension referred to in section 44(4)(3) is payable until he reaches 5 years over pensionable age.

(7) In determining the rate of long-term incapacity benefit in a transitional case where paragraph (6) applies, any increase of the following descriptions shall be disregarded—

(a) if he is also entitled to a transitional invalidity allowance under paragraph (1)(c), any increase under section 47(1)(4) (increase of Category A retirement pension for invalidity) or 50(2)(5) (rate of Category B retirement pension for women);

(b) any increase (for married women) under section 53(2) or (for deferred retirement) under Schedule 5;

(c) any increase (for dependents) under section 80 (children), 83 (wife) or 85 (person with care of children)(6); and

(d) any increase (for Category A or Category B pensioners) under section 132 of the Administration Act (annual up-rating) of the sums mentioned in subsection (3) of that section.

(8) For the purposes of Part IV, a transitional case means a case where a person is entitled to—

(a) a transitional award of long-term incapacity

(b) an award of long-term incapacity benefit on the basis that a day of incapacity for work on or after the appointed day forms part of a period of incapacity for work beginning before the appointed day.

Special provisions for persons entitled to long-term incapacity benefit on termination of a period of entitlement to disability working allowance

19.—(1) Where a person who was entitled to a transitional award of long-term incapacity benefit becomes entitled to incapacity benefit by virtue of section 30C(5) and the rate of that benefit is less than the rate at which the transitional award of long-term incapacity benefit would have been payable had he not ceased to be entitled to that award, incapacity benefit shall be payable at the latter rate until—

(a) in the case where the transitional award included an increase under regulation 24(1),.the conditions in regulation 24(3) or any of the provisions referred to in regulation 25(2) are no longer satisfied;

(b) in any other case, the rate of long-term incapacity benefit under section 30B (rate) together with any increase under section 86A equals or exceeds that rate.

(2) Where a person—

(a) who was entitled to disability working allowance by virtue of section 128(7) before the appointed day or to disability working allowance at any time in a period of not more than 56 days beginning on or after the appointed day, becomes entitled to incapacity benefit;

(b) would have become entitled to invalidity benefit by virtue of section 33(7) or 42(8) had the Order not come into operation; and

(c) the rate of incapacity benefit is less than the rate at which a transitional award of long-term incapacity benefit would have been payable had the days of entitlement to invalidity benefit in the period of interruption of employment which arose immediately before the period of entitlement to disability working allowance been days of entitlement to invalidity benefit in a period of interruption of employment running at the appointed day,

incapacity benefit shall be payable at the latter rate until, in the case where the transitional award would have included an increase under regulation 24(1), the conditions in regulation 24(3) or in any of the provisions referred to in regulation 25(2) are no longer satisfied, and in any other case, the rate of long-term incapacity benefit under section 30B together with any increase under section 86A equals or exceeds that rate.

(3) For the purposes of paragraph (2), the days of entitlement to disability working allowance referred to in that paragraph shall be treated as days of incapacity for work.

Special provisions for persons entitled to long-term incapacity benefit on termination of a period engaged in training for work

20.—(1) Where a person who was entitled to a transitional award of long-term incapacity benefit becomes entitled to long-term incapacity benefit by virtue of section 30C(6) and the-rate of that benefit is less than the rate at which the transitional award of long-term incapacity benefit would have been payable had he not ceased to be entitled to that award, incapacity benefit shall be payable at the latter rate until—

(a) in the case where the transitional award included an increase under regulation 24(1), the conditions in regulation 24(3) or any of the provisions referred to in regulation 25(2) are no longer satisfied;

(b) in any other case, the rate of long-term incapacity benefit under section 30B(9) together with any increase under section 86A equals or exceeds that rate.

(2) Where a person—

(a) at any time in a period of not more than 57 days immediately before the appointed day or at any time in a period of not more than 57 days immediately following the appointed day attends a training course of the type specified in regulation 7(1)(t) of the Unemployment, Sickness and Invalidity Benefit Regulations;

(b) had been entitled to invalidity benefit in a period of interruption of employment within a period not exceeding 57 days prior to the first day of attendance on the training course;

(c) within a period not exceeding 57 days beginning on the day after the last day of attendance on the training course becomes entitled to incapacity benefit by virtue of section 30A, 40 or 41; and

(d) the rate of incapacity benefit is less than the rate at which a transitional award of long-term incapacity benefit would have been payable had the period of entitlement to invalidity benefit referred to in sub-paragraph (b) been running at the appointed day,

incapacity benefit shall be payable at the latter rate until, in the case where the transitional award would have included an increase under regulation 24(f), the conditions in regulation 24(3) or in any of the provisions referred to in regulation 25(2) are no longer satisfied, and in any other case, the rate of long-term incapacity benefit under section 30B together with any increase under section 86A equals or exceeds that rate.

(3) For the purpose of paragraph (2), the days referred to as days of attendance on a training course in that paragraph shall be treated as days of incapacity for work.

Special provisions for persons entitled to long-term incapacity benefit in respect of an industrial injury

21.—(1) Subject to paragraph (2), a person entitled to a transitional award of long-term incapacity benefit in respect of a personal injury of a kind mentioned in section 94(1) shall cease to be so entitled when the incapacity for work is no longer as a result of that injury.

(2) Where a person’s entitlement to a transitional award of long-term incapacity benefit ceases as a consequence of paragraph (1) and within the period of 57 days after entitlement to that award ceases he becomes incapable for work as a result of the personal injury in respect of which the transitional award of long-term incapacity benefit was payable, he shall be entitled to benefit at the rate at which the transitional award of long-term incapacity benefit would have been payable had he not ceased to be so entitled; and these regulations shall apply as if the award of incapacity benefit were a transitional award of long-term incapacity benefit.

Effect of entitlement to guaranteed minimum pensions on payment of the additional rate element in a transitional case of long-term Incapacity Benefit

22.—(1) Where a person, who is a transitional case, is entitled to both—

(a) an award of long-term incapacity benefit which includes the additional rate; and

(b) one or more guaranteed minimum pensions, and had been entitled to an invalidity pension under section 41 (widowers) immediately before the appointed day, the weekly rate of the award of long-term incapacity benefit shall be reduced by an amount equal—

(i) to the additional rate, or

(ii) to the weekly rate of the pension mentioned in sub-paragraph (b)or if there is more than one such pension, their aggregate weekly rates,

whichever is the less.

(2) Where a person is entitled to an award of long-term incapacity benefit which includes the additional rate and the transitional invalidity allowance, the weekly rate of that award shall be reduced by the relevant amount being deducted from the weekly rate of the transitional invalidity allowance and he shall be entitled to that allowance only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.

(3) Where for any period a person is entitled to—

(a) an award of long-term incapacity benefit which does not include the additional rate; and

(b) one or more guaranteed minimum pensions,

the weekly rate of the award of long-term incapacity benefit shall be reduced by deducting the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions from the weekly rate of the transitional invalidity allowance and a person shall be entitled to that allowance only if there is a balance after deduction and, if there is a balance, at a weekly rate equal to it.

(4) Where for any period a person is entitled to—

(a) an award of long-term incapacity benefit which includes the additional rate but does not include the transitional invalidity allowance; and

(b) one or more guaranteed minimum pensions; and

(c) an increase of unemployability supplement under section 106 and paragraph 3 of Schedule 7(10),

the relevant amount shall be deducted from the amount of the increase of unemployability supplement specified in paragraph 6 of Part V of Schedule 4, and a person shall be entitled to an increase only if there is a balance after that deduction and, if there is a balance, only an amount equal to it.

(5) Where for any period a person, who is a transitional case, is entitled to—

(a) an award of long-term incapacity benefit which does not include the additional rate;

(b) one or more guaranteed minimum pensions; and

(c) an increase of unemployability supplement under section 106 and paragraph 3 of Schedule 7,

the increase of the unemployability supplement shall be reduced by the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions and a person shall be entitled to an increase only if there is a balance after that deduction and, if there is a balance, only an amount equal to it.

(6) In this regulation “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions and the additional rate reduced by—

(a) the additional rate; or

(b) the weekly rate or aggregate weekly rates of the guaranteed minimum pension,

whichever is the less.

Increase of Category A retirement pension for incapacity

23.  Where a person had been entitled to invalidity allowance or transitional invalidity allowance at any time during a period of 57 days before attaining pensionable age, sections 47(11) (increase of Category A retirement pension for invalidity) and 61(12) (exclusion of increase of benefit for failure to satisfy contribution condition) shall continue to have effect as though Article 13 of, and paragraph 13 of Schedule 1 to, the Order had not come into operation and as though any reference to invalidity allowance in section 47 were a reference to transitional invalidity allowance or invalidity allowance.

Increase of rate of long-term incapacity benefit for dependents in transitional cases

24.—(1) Subject to paragraphs (3), (4) and (5) and regulation 25, in a transitional case where at any time during a period of 56 days immediately before the appointed day—

(a) an increase in the rate of invalidity benefit was paid by way of a concessionary payment to compensate for non-payment of an increase for a spouse who was an adult dependent under Part IV of the Contributions and Benefits Act; or

(b) an increase in the rate of invalidity benefit was payable for a spouse who was an adult dependent under Part IV of the Contributions and Benefits Act,

an amount equal to that increase shall be payable.

(2) Where, as a consequence of an order made under section 132 of the Administration Act in the tax year 1994-1995, the amounts specified in column (3) of paragraph 2 of Part IV of Schedule 4 are increased, the increase payable under paragraph (1) shall likewise be increased by an equal amount; and thereafter an increase payable under paragraph (1) shall be an amount equal to the appropriate amount specified in column (3) of paragraph 2 of Part IV of Schedule 4.

(3) Except as provided for in regulation 25, an increase under paragraph (1) shall continue to be payable where—

(a) the spouse is residing with the beneficiary; or

(b) the beneficiary is contributing to the maintenance of his spouse at the weekly rate equal to or greater than the rate of the increase.

(4) Subject to regulations 25 and 26 and paragraph (5), the provisions in Part I (general) and Part III (adults), except for regulation 9(1)(a) and (b) of Part III, of the Increases for Dependants Regulations shall apply to the increase as if it were an increase under section 86A(13) (increase for adult dependents).

(5) Where an increase under paragraph (1) is paid or payable to a person over pensionable age, the provisions in regulation 13 of the Increases for Dependants Regulations (increase of short-term incapacity benefit for persons over pensionable age) shall apply to the increase of long-term incapacity benefit as if that increase were an increase of short-term incapacity benefit.

(6) Where a person becomes entitled to an increase under paragraph (1), he shall not be entitled to an adult dependency increase to which he would, but for this provision, be entitled under the Increases for Dependants Regulations.

(7) A person shall cease to be entitled to an increase under paragraph (1)when either—

(a) no invalidity benefit or long-term incapacity benefit has been paid for at least 57 continuous days; or

(b) no increase of invalidity benefit or long-term incapacity benefit is paid or payable for at least 57 continuous days in a period of incapacity for Work.

(8) In calculating the period referred to in paragraph (7), the days of entitlement to disability working allowance or the days of attendance on a training course of a type referred to in section 30C(6)(14) (days and periods of incapacity for work) and regulation 19(2) shall not be taken into account.

Further provisions for dependents in respect of the application of old saving provisions

25.—(1) In relation to transitional cases where the rate of incapacity benefit falls to be calculated by reference to the rate of dependency allowance paid or payable before the appointed day, the old saving provisions referred to in paragraph (2) shall continue to have effect subject to the following provisions.

(2) The old saving provisions referred to in paragraph (1) are—

(a) regulation 18 of the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(15);

(b) regulation 2 of the Social Security (Savings for Existing Beneficiaries) Regulations (Northern Ireland) 1984(16);

(c) regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1984(17);

(d) regulation 4 of the Social Security Benefit (Dependency and Computation of Earnings) (Amendment) Regulations (Northern Ireland) 1989(18);

(e) regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992(19); and

(f) any administrative provision which before the appointed day enabled a concessionary payment to be made to compensate for non-payment of an increase under Part IV of the Contributions and Benefits Act (increases for dependents) as a consequence of any one of the regulations referred to in sub-paragraphs (a) to (f) ceasing to apply to an increase due to attendance on a training course.

(3) The old saving provisions referred to in paragraph (2) shall cease to have effect when—

(a) no invalidity benefit or long-term incapacity benefit has been paid for at least 57 continuous days;

(b) no increase is paid for a dependent for a continuous period of at least 57 days in a period of incapacity for work;

(c) in a case where regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992 applies, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days; or

(d) in a case where a concessionary payment was made to compensate for non-payment of an increase under Part IV of the Contributions and Benefits Act as a consequence of regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland)1992 ceasing to apply due to attendance on a training course, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days.

(4) Regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992 shall not apply in any week to a case where a dependent has earnings which exceed £81.50 per week.

(5) Where an increase is payable as a consequence of a concessionary payment made to compensate for non-payment of an increase under Part IV of the Contributions and Benefits Act as a consequence of regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992 ceasing to apply due to attendance on a training course, no payment shall be made in any week where a dependent has earnings which exceed £81.50 per week.

Transitional provision for the treatment of earnings in respect of increases of long-term incapacity benefit for dependents

26.  Where—

(a) on or after the appointed day—

(i) no increase or a reduced amount of the rate of increase of long-term incapacity benefit is payable for an adult dependent as a consequence of regulation 5 (attribution of earnings) or regulation 10 (earnings rules for increases for adult dependents) of the Increases for Dependants Regulations, or

(ii) no increase of long-term incapacity benefit is payable for a child dependent as a consequence of section 80(3) and (4) and regulation 5 of the Increases for Dependants Regulations;

(b) in a case where the increase for an adult dependent is reduced, the amount of reduction would have been less had the Order and regulations 5 and 10 of the Increases for Dependants Regulations not come into operation; and

(c) the earnings which caused there to be no payment of an increase or a reduction of an increase in paragraph (a) had already resulted in no payment of or a reduced payment of an increase before the appointed day,

a payment of an increase, shall be made as if the provisions in the Contributions and Benefits Act in force immediately before the appointed day continued to have effect in respect of those earnings and the Order and regulations 5 and 10 of the Increases for Dependants Regulations had not come into operation.

(1)

Paragraph 2A is inserted by Article 4(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(2)

Section 34 is repealed by Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(3)

Section 44(4) is amended by paragraph 11 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; See also Article 4(3) of S.R. 1994 No. 74

(4)

Section 47(1) is amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(5)

Section 50(2) is amended by paragraph 34 of Schedule 7 to the Pension Schemes (Northern Ireland)Act 1993

(6)

Section 80 is amended by Article 4(3) of, and sections 83 and 85 are amended by Schedule 2 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(7)

Section 128 is amended by Article 12(2) and (3) of, and paragraph 32 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(8)

Section 33 is repealed by Schedule 2 to, and section 42 is substituted by paragraph 10 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(9)

Section 30B is inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(10)

Paragraph 3 is amended by paragraph 37(a) of Schedule 7 to the Pension Schemes (Northern Ireland)Act 1993 and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(11)

Section 47 is amended by paragraph 33 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 and paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(12)

Section 61 is amended by paragraph 17 of Schedule 1 to, and Schedule 2 to, the Social Security (incapacity for Work) (Northern Ireland) Order 1994

(13)

Section 86A is inserted by Article 4(4) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(14)

Section 30C is inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(15)

S.R. 1977 No. 74

(16)

S.R. 1984 No. 381

(17)

S.R. 1984 No. 373

(18)

S.R. 1989 No. 381

(19)

S.R. 1992 No. 521