The Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2003

Statutory Instruments

2003 No. 2262

SOCIAL SECURITY

The Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2003

Made

2nd September 2003

Laid before Parliament

10th September 2003

Coming into force

1st October 2003

The Secretary of State for Work and Pensions, in exercise of powers conferred by sections 30E, 122(1), 171D, 171G(2), 175(1) to (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee and the Industrial Injuries Advisory Council that proposals to make these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2003 and shall come into force on 1st October 2003.

Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982

2.  In regulation 16 of the Social Security (General Benefit) Regulations 1982(3) (earnings level that does not disqualify for unemployability supplement) for the sum “£3,510” there shall be substituted the sum “£3,744”.

Amendment of regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994

3.  In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994(4) (limit of earnings from councillor’s allowance) for the sum “£67.50” there shall be substituted the sum “£72.00”.

Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995

4.  In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for the sum(5) “£67.50” there shall be substituted the sum “£72.00”.

Andrew Smith

Secretary of State,

Department for Work and Pensions

2nd September 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (General Benefit) Regulations 1982, the Social Security (Incapacity Benefit) Regulations 1994 and the Social Security (Incapacity for Work) (General) Regulations 1995.

Regulation 2 amends regulation 16 of the Social Security (General Benefit) Regulations 1982 by increasing from £3,510 to £3,744 the amount which can be earned before disqualification for unemployability supplement.

Regulation 3 amends regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 by increasing the earnings limit for councillor’s allowance from £67.50 to £72.00.

Regulation 4 amends regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 by increasing from £67.50 to £72.00 the weekly limit for earnings from work which may be undertaken by a person without his being treated as being capable of work.

These Regulations do not impose any costs on business.

(1)

1992 c. 4. Section 30E was inserted by section 3(1), and sections 171D and 171G were inserted by section 6(1), of the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 175(1) and (4) was amended by, and section 175(1A) was inserted by, paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Sections 122(1) and 171G(2) are cited for the definitions of “prescribe” and “prescribed” respectively.

(2)

See sections 170, 171 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1982/1408; relevant amending instrument is S.I. 2002/2311.

(4)

S.I. 1994/2946; relevant amending instrument is S.I. 2002/2311.

(5)

S.I. 1995/311; relevant amending instruments are S.I. 2002/491 and 2311.