The Social Security (Invalid Care Allowance) Amendment Regulations 1995

Statutory Instruments

1995 No. 2935

SOCIAL SECURITY

The Social Security (Invalid Care Allowance) Amendment Regulations 1995

Made

14th November 1995

Laid before Parliament

21st November 1995

Coming into force

12th December 1995

The Secretary of State for Social Security, in exercise of the powers conferred by sections 70(8) and 175 of the Social Security Contributions and Benefits Act 1992(1), and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1995 and shall come into force on 12th December 1995.

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

2.  In paragraph (2) of regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976(3)—

(a) at the end of sub-paragraph (a) there is added the word “and”; and

(b) sub-paragraph (b) is revoked.

Saving provision

3.  In a case where regulation 8(2)(b) of the Social Security (Invalid Care Allowance) Regulations 1976 applied immediately before the coming into force of these Regulations that regulation shall continue to apply during any period beginning with that date throughout which the conditions of that regulation are satisfied, as if regulation 2 of these Regulations had not been made.

Signed by authority of the Secretary of State for Social Security.

A. J. B. Mitchell

Parliamentary Under-Secretary of State,

Department of Social Security

14th November 1995

Explanatory Note

(This note is not part of the Regulations)

Regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 provides that a person is not to be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded a specified amount. Paragraph (2)(b) of that regulation provides that there is to be disregarded for the purposes of paragraph (1) a person’s earnings for any week throughout which he is absent from his employment with the authority of his employer.

Regulation 2 of these Regulations revokes that provision. Regulation 3 makes a saving in respect of those persons to whom regulation 8(2)(b) applied immediately before the revocation took effect.

These Regulations do not impose any costs on business.

(1)

1992 c. 4.

(2)

See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1976/409.