The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Incapacity for Work) (General) Regulations 1995 (“the General Regulations”), the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (“the Transitional Regulations”) and the Social Security (Medical Evidence) Regulations 1976 (“the Medical Evidence Regulations”).

Regulation 2 amends the General Regulations. In particular, paragraphs (2) and (6) relate to claims for unemployment benefit (for which there is a condition that a person be capable of work). Paragraph (2) excludes such claims from the evidence requirements in regulation 6 of the General Regulations and paragraph (6) makes provision for treating claimants as capable of work when they claim unemployment benefit. Paragraph (3) adds further categories of persons who are to be treated as incapable of work. Paragraph (5) increases the earnings limit for persons who undertake certain work on the advice of a doctor. Paragraph (8) makes further provision as to the questions which must be determined by an adjudication officer. The remaining provisions in regulation 2 make minor amendments to clarify provisions in the General Regulations.

Regulation 3(2), (5), (6) and (7) of these Regulations make minor amendments to clarify regulations 13, 20, 22 and 25 of the Transitional Regulations. Regulation 3(3) and (4) makes provision for claims for incapacity benefit in cases where the period of interruption of employment and period of incapacity for work link. Regulation 3(8) makes transitional provision for entitlement to severe disablement allowance after a period engaged in training for work. Regulation 3(9)(a), (b) and (c) makes minor amendments to regulation 31(5) of the Transitional Regulations in order to clarify the provisions in respect of the cases which fall into the list of cases which are exempt from the new medical test. Regulation 3(9)(d) adds further categories of persons who are to be treated as incapable of work under the new medical test.

Regulation 4 makes minor amendments to the Medical Evidence Regulations, which set out the medical evidence required for the purposes of determining incapacity for work.

These Regulations do not impose a charge on business.