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The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010

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

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6.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2 (interpretation) in the definition of “medical evidence”(2) for “doctor”, in both places where it occurs, substitute “health care professional”.

(3) After regulation 16(3) (person who works to be treated as capable of work) insert—

Person to be treated as capable of work at the end of the period covered by medical evidence

16A.  Where the Department is satisfied that it is appropriate in the circumstances of the case then a person may be treated as being capable of work if—

(a)the person has supplied medical evidence in accordance with regulation 28(2)(a);

(b)the period for which medical evidence was supplied has ended;

(c)the Department has requested further medical evidence; and

(d)the person has not, before whichever is the later of either the end of the period of six weeks beginning with the date of the Department’s request or the end of six weeks beginning with the day after the end of the period for which medical evidence was supplied—

(i)supplied further medical evidence, or

(ii)otherwise made contact with the Department to indicate a wish to have the question of incapacity for work determined..

(4) In regulation 17(4) (exempt work)—

(a)in paragraph (3)(b) for “voluntary organisation” substitute “by a voluntary organisation or community interest company(5)”;

(b)for paragraph (4)(a) substitute—

(a)is done during a period of specified work, provided that—

(i)the person has not previously done specified work,

(ii)since the beginning of the last period of specified work, the person has ceased to be entitled to a relevant benefit for a continuous period exceeding 8 weeks, or

(iii)not less than 52 weeks have elapsed since the last period of specified work; or; and

(c)after paragraph (8) add—

(9) For the purposes of this regulation, a period of specified work begins on the first day on which any specified work is undertaken and continues for a period of 52 weeks, whether or not any further specified work is undertaken during that period..

(2)

The definition of “medical evidence” was inserted by regulation 4(2)(b) of S.R. 1996 No. 601

(3)

Regulation 16 was substituted by regulation 2(3) of S.R. 2006 No. 150

(4)

Regulation 17 was substituted by regulation 2(4) of S.R. 2006 No. 150 and amended by regulation 4(b) of S.R. 2008 No. 375 and regulation 4 of S.R. 2009 No. 318

(5)

See Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) and section 1284 of the Companies Act 2006 (c. 49)

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