Amendment of the Social Security (Medical Evidence) Regulations
20. In regulation 1 of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (interpretation)(1)—
(a)in paragraph (2)(2)—
(i)for the definition of “limited capability for work” substitute—
““limited capability for work” has the meaning—
for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act (Northern Ireland) 2007; and
for the purposes of universal credit, given in Article 43 of the Welfare Reform (Northern Ireland) Order 2015;”, and
(ii)for the definition of “limited capability for work assessment” substitute—
““limited capability for work assessment” means the assessment of whether a person has limited capability for work—
for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008,
for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016,
for the purposes of universal credit, under Part 5 of the Universal Credit Regulations (Northern Ireland) 2016;”,
(b)after paragraph (4) insert—
“(5) For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—
(a)“old style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance; and
(b)“new style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance.”.
Paragraph (2) was amended by regulation 8 of S.R. 2008 No. 286