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The Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations (Northern Ireland) 1996

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Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations

3.—(1) The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 11 (transitional awards of short-term incapacity benefit)—

(a)in paragraph (4) at the beginning there shall be inserted “Subject to paragraph (5),”;

(b)after paragraph (4) there shall be added the following paragraph—

(5) Where paragraph (4) applies to a person whose transitional award of short-term incapacity benefit was in respect of a personal injury of a kind mentioned in section 94(1) of the Contributions and Benefits Act, he shall be entitled to long-term incapacity benefit only if his incapacity for work continues to result from that personal injury..

(3) In regulation 17(3) (transitional awards of long-term incapacity benefit) at the end there shall be added “or until the first day on which he is entitled to retirement pension, whichever date is the earlier”.

(4) In regulation 18 (rate of long-term incapacity benefit in transitional cases)—

(a)in paragraph (1)(c) for “by virtue of section 34” there shall be substituted “pursuant to section 34(3)”;

(b)in paragraph (3) the words from “and he shall” to the end shall be omitted;

(c)in paragraph (6) at the end there shall be added “or until the first day on which he is entitled to retirement pension, whichever date is the earlier”.

(5) In regulation 31 (application of the new tests of incapacity for work)—

(a)in paragraph (1) for the words from “and on” to “to him,” there shall be substituted “and he continues to be incapable of work on or after the appointed day, the all work test shall apply to him, but”;

(b)in paragraph (5)(h)—

(i)for “a doctor approved by the Department has certified that a person is suffering from any of the following conditions” there shall be substituted “a person is suffering from any of the following conditions, and there exists medical evidence that he is suffering from any of them”;

(ii)for head (viii) there shall be substituted the following head—

(viii)a severe mental illness, involving the presence of mental disease, which severely and adversely affects a person’s mood or behaviour, and which severely restricts his social functioning, or his awareness of his immediate environment.;

(c)after paragraph (5) there shall be added the following paragraph—

(6) In paragraph (5)(h), “medical evidence” means—

(a)evidence from a doctor approved by the Department;

(b)evidence (if any) from any other doctor or a hospital or similar institution,

or such part of such evidence as constitutes the most reliable evidence available in the circumstances..

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