The Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995

Transitional provisions with respect to the Income Support Regulations

4.—(1) Sickness benefit shall be a qualifying benefit for the purposes of regulation 9(2)(a)(i) of the Income Support Regulations, and for this purpose “sickness benefit” means sickness benefit under section 31 of the Contributions and Benefits Act as in operation on 12th April 1995.

(2) Where the disability premium was applicable to a claimant on 12th April 1995 by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations as in operation on that date, the disability premium shall continue to be applicable to that claimant for so long as paragraph 12(1)(b)(i) of that Schedule applies to him.

(3) Paragraph (2) shall not apply to a claimant to whom paragraph 12(1)(b)(i) of Schedule 2 to the Income Support Regulations has ceased to apply for a period of more than 56 continuous days.

(4) Where on 12th April 1995 paragraph 5 of Schedule 1 to the Income Support Regulations (persons incapable of work) as in operation on that date applied to a claimant, but the disability premium was not applicable to him, that claimant shall be treated for the purposes of paragraph 12(1) of Schedule 2 to the Income Support Regulations as if, throughout the period that that paragraph 5 of Schedule 1 had applied to him, paragraph 12(1)(b)(i) of Schedule 2 to the Income Support Regulations applied to him.

(5) Where an adjudication officer on or after 13th April 1995, determines that a claimant fails to satisfy the incapacity for work test, in accordance with regulations made under section 167C of the Contributions and Benefits Act (the all work test), on its first application to the claimant concerned, and the claimant, immediately prior to that date, was either—

(a) incapable of work and had been so for a continuous period of 28 weeks in circumstances to which paragraph 5 of Schedule 1 to the Income Support Regulations refers (persons incapable of work not required to be available for employment); or

(b) in receipt of invalidity benefit or severe disablement allowance,

then, in a case in which either regulation 8(2A) or 11(2A) of the Income Support Regulations applies (persons not required to be available for employment and registration for employment), notwithstanding regulation 22(1A) and (5A) of the Income Support Regulations (reductions in applicable amounts), the amount of any income support to which the claimant is entitled shall be calculated in accordance with regulation 17 of the Income Support Regulations.