The Disability Working Allowance and Income Support (General) Amendment Regulations 1995

Amendment of Schedule 2 to the Income Support Regulations

16.—(1) Paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the higher pensioner and disability premiums)(1) shall be amended in accordance with the following provisions of this regulation and regulation 17.

(2) In sub-paragraph (1)(a)(i) and (c)(i) for the words “invalidity pension” in each place where they occur there shall be substituted the words “long-term incapacity benefit”.

(3) After sub-paragraph (5)(2) there shall be added the following sub-paragraph—

“(6) For the purposes of sub-paragraph (1)(a)(i) and (c)(i), a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate..”

(1)

Relevant amending instruments are S.I. 1988/663 and 2022, 1991/2742 and 1994/2139.

(2)

Sub-paragraph (5) was added by S.I. 1988/2022.