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.