The Social Security (Welfare to Work) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend–

• the instruments referred to in Parts II and III. Part I contains citation and commencement provisions;

• in Part II; the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2946) (“the Incapacity Benefit Regulations”), the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310) (“the Incapacity Benefit Transitional Regulations”), the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311) (“the Incapacity General Regulations”), the Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303) (“the Severe Disablement Allowance Regulations”), the Statutory Sick Pay (General) Regulations 1982 (S.I. 1982/894) (“the Statutory Sick Pay Regulations”) and the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (S.I. 1979/642) (“the Widow’s Benefit and Retirement Pensions Regulations”).

  • The Incapacity Benefit Regulations are amended so that two periods of incapacity for work separated by less than 52 weeks are treated as one period of incapacity for welfare to work beneficiaries (regulation 2).

  • The Incapacity Benefit Transitional Regulations are amended so that an incapacity transitional long-term award recipient who becomes a welfare to work beneficiary may return, within a period of 52 weeks, to receiving that benefit (regulation 3).

  • The Incapacity General Regulations are amended to define welfare to work beneficiaries; they are treated as incapable of work for a period of up to 91 days in total when they become incapable again within a period of 52 weeks; restrictions on claimants who do voluntary work are also removed (regulation 4).

  • The Severe Disablement Allowance Regulations are amended so that welfare to work beneficiaries are treated as incapable of work, and as disabled, for a period of up to 91 days when they reclaim severe disablement allowance within 52 weeks (regulation 5).

  • The Statutory Sick Pay Regulations are amended so that employers are not liable to pay statutory sick pay to certain employees who are treated as welfare to work beneficiaries and who become incapable of work again within 52 weeks (regulation 6).

  • The Widow’s Benefit and Retirement Pensions Regulations are amended so that welfare to work beneficiaries who claim Category A retirement pension are entitled to an increase of retirement pension for incapacity if they were entitled to a long-term incapacity benefit age addition in the period of 52 weeks before they reach pension age (regulation 7); and

• in Part III; the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1914), the Council Tax Benefit (General) Amendment Regulations 1997 (S.I. 1997/1841), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Housing Benefit (General) Amendment Regulations 1995 (S.I. 1995/1644), the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 (S.I. 1997/852), the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) are amended to extend to 52 weeks certain maximum periods which link separate periods of benefit entitlement where a claimant has ceased to be entitled to the benefit concerned upon becoming a welfare to work beneficiary.

An assessment of the compliance cost for employers of the measures arising from these Regulations has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from Robert Holttum, Department of Social Security, 2nd Floor, The Adelphi, 1–11 John Adam Street, London WC2N 6HT.