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The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011

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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(1) (interpretation), in the definition of “medical evidence”(2) after “medical evidence” insert “, except in regulation 16A,”.

(3) In regulation 16A(3) (person to be treated as capable of work at the end of the period covered by medical evidence)—

(a)renumber the existing provision as paragraph (1);

(b)in that paragraph (1)(a) omit “in accordance with regulation 28(2)(a)”; and

(c)after paragraph (1) add—

(2) In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations (4)..

(4) In regulation 17(5) (exempt work)—

(a)in paragraphs (3) and (4), for “£95.00” substitute “, subject to paragraph (10), 16 times the national minimum wage”;

(b)in paragraph (8) after the definition of “less than 16 hours a week” insert—

“national minimum wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);; and

(c)after paragraph (9)(6) add—

(10) Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of—

(a)less than 50p, that amount shall be rounded up to the nearest 50p; or

(b)less than £1 but more than 50p, that amount shall be rounded up to the nearest £1..

(1)

S.R. 1995 No. 41; relevant amending Regulations are S.R. 1996 No. 601, S.R. 2006 No. 150 and S.R. 2010 Nos. 200 and 311

(2)

The definition of “medical evidence” was inserted by reg. 4(2)(b) of SR 1996 No. 601 and amended by regulation 6(2) of S.R. 2010 No. 200

(3)

Regulation 16A was inserted by regulation 6(3) of S.R. 2010 No. 200

(5)

Regulation 17 was substituted by regulation 2(4) of S.R. 2006 No. 150; paragraphs (3) and (4) were amended by regulation 6(4) of S.R. 2010 No. 200 and regulation 4 of S.R. 2010 No. 311

(6)

Paragraph (9) was added by regulation 6(4)(c) of S.R. 2010 No. 200

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