The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995

PART III TRANSITIONAL AND SAVINGS PROVISIONS

Claim or question concerning sickness or invalidity benefit to be determined after there appointed day

25.  For the purpose of determining any claim or question concerning sickness or invalidity benefit which falls to be determined on or after the appointed day, the Contributions and Benefits Act, the Administration Act and any regulations made under them (other than the Social Security (Claims and Payments) Regulations 1987(1) shall be construed as if section 13(2) of the Social Security (Incapacity for Work) Act 1994 had not been enacted.

Recoupment of sickness or invalidity benefit

26.  Where a determination is made on or after the appointed day concerning the recoupment of sickness or invalidity benefit, regulation 2 of the Recoupment Regulations shall be read as if the references to incapacity benefit in that regulation were references to sickness or invalidity benefit.

Reviews in respect of sickness or invalidity benefit

27.  Where a decision relating to sickness or invalidity benefit is reviewed on or after the appointed day, regulations 65(1)(b) and (3)(A)(ii) of the Adjudication Regulations shall be read as if the references to incapacity benefit and short-term incapacity benefit in those regulations were references to invalidity benefit or sickness benefit.

Saving in respect of Credits

28.  For the purpose of determining whether a person is entitled to be credited with earnings in respect of any period before the appointed day, regulation 9 of the Credits Regulations shall continue to have effect as if the amendments to those Regulation made by regulation 6 of these Regulations had not come into force.

(1)

S.I. 1987/1968.