Amendments to the Social Security (Incapacity for Work) (General) Regulations 19956
1
The Social Security (Incapacity for Work) (General) Regulations 199527 are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 16A,”.
3
In regulation 16A28 (persons to be treated as capable of work at the end of the period covered by medical evidence)—
a
the existing provision becomes paragraph (1);
b
in paragraph (1)(a) omit “in accordance with regulation 28(2)(a)”; and
c
after paragraph (1) add—
2
In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Social Security (Medical Evidence) Regulations 197629.
4
In regulation 1730 (exempt work)—
a
in paragraphs (3) and (4), for “£95.00” substitute “16 x National Minimum Wage, subject to paragraph (10),”;
b
in paragraph (8) after the definition of “less than 16 hours a week” insert—
“National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);
c
after paragraph (9)31 add—
10
Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of–
a
less than 50p, that amount shall be rounded up to the nearest 50p; or
b
less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.