The Social Security (Incapacity for Work) (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make amendments in consequence of the coming into operation of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“the Order”).

The Regulations—

• amend regulation 22A(3) of the Income Support (General) Regulations (Northern Ireland) 1987 in relation to the replacement of the all work test by the personal capability assessment (regulation 2); and

• revoke regulation 4(2)(b) of the Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 (regulation 3).

These Regulations are made in consequence of Article 58 of, and paragraph 22(2) of Schedule 8 to, the Order, which respectively substitute section 167C of, and insert section 167A(2A) into, the Social Security Contributions and Benefits (Northern Ireland) Act 1992. Article 58 of, and paragraph 22(2) of Schedule 8 to, the Order came into operation for the purpose only of making regulations on 1st December 1999 by virtue of Article 1(5) of the Order. In so far as not already in operation, Article 58 comes into operation on 3rd April 2000 and paragraph 22(2) of Schedule 8 came into operation on 16th December 1999 by virtue of the Welfare Reform and Pensions (1999 Order) (Commencement No. 1) Order (Northern Ireland) 1999 (S.R. 1999 No. 494 (C. 38)). Since the Regulations are made before the end of the period of 6 months from the commencement of those provisions of the Order, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 from reference to the Social Security Advisory Committee.