The Social Security (Welfare to Work) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend—

the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 so that two periods of incapacity for work separated by less than 52 weeks are treated as one period of incapacity for work for welfare to work beneficiaries (regulation 2);

the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 so that an incapacity transitional long-term award recipient who becomes a welfare to work beneficiary may return, within a period of 52 weeks, to receiving that benefit (regulation 3);

the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to define welfare to work beneficiaries; they are treated as incapable of work for a period of up to 91 days in total when they become incapable again within a period of 52 weeks; restrictions on claimants who do voluntary work are also removed (regulation 4);

the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 so that welfare to work beneficiaries who claim Category A retirement pension are entitled to an increase of retirement pension for incapacity if they were entitled to a long-term incapacity benefit age addition in the period of 52 weeks before they reach pension age (regulation 5);

the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 so that employers are not liable to pay statutory sick pay to certain employees who are treated as welfare to work beneficiaries and who become incapable of work again within 52 weeks (regulation 6);

the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984 so that welfare to work beneficiaries are treated as incapable of work, and as disabled, for a period of up to 91 days when they reclaim severe disablement allowance within 52 weeks (regulation 7); and

the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997 to extend to 52 weeks certain maximum periods which link separate periods of benefit entitlement where a claimant has ceased to be entitled to the benefit concerned upon becoming a welfare to work beneficiary.

In so far as these Regulations are required, for the purposes of regulation 9, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”), after agreement by the Social Security Advisory Committee they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding 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 Administration Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.