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The Social Security (Miscellaneous Amendments No. 6) Regulations (Northern Ireland) 2008

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Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

2.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 36 (composition of appeal tribunals)—

(a)in paragraph (2)(a)(2) for head (i) substitute—

(i)the appeal involves the personal capability assessment, the limited capability for work assessment or the determination of limited capability for work-related activity,; and

(b)for paragraph (7)(3) substitute—

(7) In paragraph (2)(a)(i)—

“determination of limited capability for work-related activity” shall be construed in accordance with regulations 34 and 35 of the Employment and Support Allowance Regulations;

“limited capability for work assessment” has the same meaning as in regulation 2(1) of the Employment and Support Allowance Regulations;

“personal capability assessment” has the same meaning as in regulation 2(1) of the Incapacity for Work Regulations(4)..

(3) In regulation 41(5) (medical examination required by appeal tribunal)—

(a)omit “or” after paragraph (h); and

(b)after paragraph (i) add—

or

(j)is whether a person has limited capability for work or work-related activity for the purposes of the Welfare Reform Act..

(2)

Paragraph (2) was substituted by regulation 2(a) of S.R. 1999 No. 242 and amended by regulation 2(4) of S.R. 1999 No. 473, regulation 6(11) of S.R. 2000 No. 215, regulation 3(4)(a) of S.R. 2004 No. 516 and Article 2 of S.R. 2007 No. 142

(3)

Paragraph (7) was added by regulation 2(c) of S.R. 1999 No. 242 and amended by regulation 6(11)(c) of S.R. 2000 No. 215

(4)

The definition of “personal capability assessment” was inserted by regulation 2(2)(b) of S.R. 2000 No. 4

(5)

Regulation 41 was amended by regulation 2(5) of S.R. 1999 No.272

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