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The Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 1997

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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 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 £45·50 to £46·50 (regulation 2) and make a consequential revocation (regulation 3).

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.

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