The Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and shall come into operation—

(a) for the purposes of this regulation and regulation 3, on 5th April 2002; and

(b) for all other purposes, on 8th April 2002.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

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

2.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(2) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 10A(3) (certain persons participating in approved work to be treated as incapable of work), in paragraph (4)—

(a) in the definition of “approved work” for the words from “by the Department” to the end there shall be substituted “with an employer in respect of him by an officer of, or a person providing services to, the Department who has been authorised by the Department for the purpose”; and

(b) in the definition of “trial basis” for the words from “between” to the end there shall be substituted

• “between—

  (a)

  the person;

  (b)

  an officer of, or a person providing services to, the Department who has been authorised by the Department for the purpose; and

  (c)

  an employer,

  in relation to the approved work.”.

(3) In regulation 17(4) (exempt work), subject to regulation 4(1)—

(a) in paragraph (1) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“(a) work in respect of which the required notice is given, and—

(i) in respect of which the earnings in any week do not exceed £20·00; or

(ii) which is part of a treatment programme and is done under medical supervision while the person doing it is an in-patient, or is regularly attending as an out-patient, of a hospital or similar institution; or

(iii) which is supervised by a person employed by a public authority or voluntary organisation engaged in the provision or procurement of work for persons who have disabilities; or

(iv) to which paragraph (1A) applies;”;

(b) after paragraph (1) there shall be inserted the following paragraphs—

“(1A) This paragraph applies in the case of a person whose circumstances are specified—

(a) in sub-paragraph (a) of paragraph (1B), to work which is undertaken by that person during the period specified in sub-paragraph (b) of that paragraph;

(b) in sub-paragraph (a) of paragraph (1C), to work which is undertaken by that person during the period specified in sub-paragraph (b) of that paragraph; and

(c) in sub-paragraph (a) of paragraph (1D), to work which is undertaken by that person during the period specified in sub-paragraph (b) of that paragraph.

(1B) For the purposes of paragraph (1A)(a)—

(a) the specified circumstances are where—

(i) no work to which paragraph (1A) applies has previously been undertaken by that person; or

(ii) since the beginning of the last period during which any work to which that paragraph applies was previously undertaken by him, the person has ceased to be entitled, throughout a period exceeding 8 continuous weeks, to a relevant benefit; and

(b) the specified period is the period of 26 weeks beginning with the first day on which the work is undertaken.

(1C) For the purposes of paragraph (1A)(b)—

(a) the specified circumstances are where—

(i) work to which paragraph (1A) applies has previously been undertaken by that person during a period specified in paragraph (1B)(b); and

(ii) there is appropriate evidence that, by undertaking further work, during the period specified in sub-paragraph (b), he is likely to improve his capacity to engage in full-time work; and

(b) the specified period is the period of 26 weeks beginning immediately after the end of the period specified in paragraph (1B)(b).

(1D) For the purposes of paragraph (1A)(c) above—

(a) the specified circumstances are where—

(i) work to which paragraph (1A) applies has previously been undertaken by that person;

(ii) not less than 52 weeks have elapsed since the end of the period specified in paragraph (1B)(b) or (1C)(b) or in sub-paragraph (b) during which such work was last undertaken by him;

(iii) head (ii) of paragraph (1B)(a) does not apply in his case; and

(iv) there is appropriate evidence that, by undertaking further work, during the period specified in sub-paragraph (b), he is likely to improve his capacity to engage in full-time work; and

(b) the specified period is the period of 52 weeks which begins with the first day on which the work is undertaken.

(1E) In this regulation—

• “appropriate evidence” means, in relation to any work—

  (a)

  evidence from an officer of, or person providing services to, the Department who is authorised by the Department for the purpose; and

  (b)

  evidence (if any) from any other person (including the person undertaking the work),

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

• “relevant benefit” means—

  (a)

  incapacity benefit, severe disablement allowance, income support or housing benefit under the Contributions and Benefits Act; or

  (b)

  credits under regulations under section 22(5)(5) of that Act,

  in connection with the entitlement to which the question of the person’s capacity or incapacity for work arises under that Act;

• “the required notice” means, in relation to work referred to in any of heads (i) to (iv) of paragraph (1)(a), notice to the effect that the person is undertaking, or is about to undertake the work, given in writing to the Department by that person or another person acting on his behalf—

  (a)

  in the case of work referred to in paragraph (1)(a)(i) to (iii), at any time before the person ceases to undertake the work; and

  (b)

  in the case of work referred to in paragraph (1)(a)(iv), no later than the end of the period of 42 days which begins with the day on which the work begins;

• “voluntary organisation” means a body, other than a public authority, the activities of which are carried on otherwise than for profit.”; and

(c) in paragraph (2)—

(i) in sub-paragraph (a) for “paragraph (1)(a)” there shall be substituted “paragraph (1)(a)(ii) to (iv)”, and

(ii) in sub-paragraph (b) for “paragraph (1)(a)(i)” there shall be substituted “paragraph (1)(a)(iv)”.

Amendment of the Social Security (Incapacity Benefit) Regulations

3.  In regulation 18 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(6) (persons formerly entitled to severe disablement allowance), for “immediately before 6th April 2001”, in both places where those words occur, there shall be substituted “on 6th April 2001”.

Transitional provisions

4.—(1) Where, at any time during the pre-commencement period, a person was undertaking work of a kind described in regulation 17(1)(a) of the Social Security (Incapacity for Work) Regulations (Northern Ireland) 1995 as then in operation (work undertaken on the advice of a doctor), that regulation 17 shall, until the end of the day specified in paragraph (3) continue to apply in his case as if regulation 2(3) had not come into operation.

(2) Where, at any time during the pre-commencement period, a person was, by virtue of regulation 7(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(7) deemed to be incapable of work notwithstanding that he was undertaking work for more than 16 hours in any week, that regulation 7 shall, until the end of the day specified in paragraph (3), continue to apply in his case as if regulation 5 had not come into operation.

(3) The day referred to in paragraphs (1) and (2) above is—

(a) 6th April 2003;

(b) where no work of a kind referred to in paragraph (1) or (2) is undertaken by that person at any time during a period of 57 continuous days, the day which is the last day of that period; or

(c) the day on which the period of incapacity for work which, on the day on which these Regulations come into operation, has effect in relation to that person comes to an end,

whichever first occurs.

(4) In this regulation—

• “period of incapacity for work” is to be construed in accordance with section 30C(1)(b) and (c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(8);

• “pre-commencement period” means the period which began 56 days before the day on which these Regulations come into operation and ended on the day preceding that day.

Revocation

5.  Regulation 7 of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 7th March 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development