The Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311) (“the Incapacity General Regulations”) and the Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303) (“the Severe Disablement Allowance Regulations”).

The Incapacity General Regulations are amended to make provision so that certain persons who are entitled to disablement pension, or assessed for the purpose of severe disablement allowance as 80 per cent. disabled, are treated as incapable of work (regulation 2).

The Severe Disablement Allowance Regulations are amended so that the partially sighted and those entitled to attendance allowance, the mobility component or the middle rate care component of disability living allowance and war pensions mobility supplement are not treated as automatically meeting the 80 per cent. disablement test (regulation 3).

These Regulations also make saving provision for the protection of those in receipt of severe disablement allowance before the coming into force of these Regulations (regulation 4).

These Regulations do not impose a charge on business.

The Report of the Social Security Advisory Committee dated 13th February 1997 on the proposals referred to them, together with a statement showing the extent to which these Regulations give effect to the Report and in so far as they do not give effect to it, the reasons why not, are contained in Command Paper Cm. 3572, published by The Stationery Office.