The Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 61

SOCIAL SECURITY

The Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 1996

Made

4th March 1996

Coming into operation

8th April 1996

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by section 167D of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 8th April 1996.

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to a Measure of the Assembly.

Amendment of the Social Security (Incapacity for Work) (General) Regulations

2.  In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(3) (exempt work) for “£44·00” there shall be substituted “£45·50”.

Revocation

3.  Regulation 4(5) of the Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 1995(4) is hereby revoked.

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

L.S.

W. G. Purdy

Assistant Secretary

4th March 1996.

Explanatory Note

(This note is not part of the Regulations.)

Regulation 16 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 provides that a person is to be treated as capable of work on each day of any week during which he does work which is not exempt. Regulation 17 of those Regulations prescribes the categories of work which are not exempt for the purposes of regulation 16. In particular, regulation 17(2)(a) prescribes a weekly earnings limit which must not be exceeded if work is to be treated as exempt. These Regulations increase that limit from £44·00 to £45·50 and make a consequential revocation.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c. 7; section 167D is inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(2)

1954 c. 33 (N.I.)

(3)

S.R. 1995 No. 41; amended by S.R. 1995 No. 149

(4)

S.R. 1995 No. 149