The Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

Statutory Rules of Northern Ireland

2002 No. 86

SOCIAL SECURITY

The Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

Made

7th March 2002

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by sections 167D and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), Article 6(1) and (6) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994(2) and Article 75(5) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(3), and now vested in it(4), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and shall come into operation—

(a) for the purposes of this regulation and regulation 3, on 5th April 2002; and

(b) for all other purposes, on 8th April 2002.

(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 in operation at 5.4.2002, see reg. 1(1)(a)

Amendment of the Social Security (Incapacity for Work) (General) Regulations N.I.

2.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(6) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 10A(7) (certain persons participating in approved work to be treated as incapable of work), in paragraph (4)—

(a) in the definition of “approved work” for the words from “by the Department” to the end there shall be substituted “with an employer in respect of him by an officer of, or a person providing services to, the Department who has been authorised by the Department for the purpose”; and

(b) in the definition of “trial basis” for the words from “between” to the end there shall be substituted

• “between—

  (a)

  the person;

  (b)

  an officer of, or a person providing services to, the Department who has been authorised by the Department for the purpose; and

  (c)

  an employer,

  in relation to the approved work.”.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2(3) revoked (10.4.2006) by The Social Security (Incapacity for Work) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/150), regs. 1(1), 4, Sch. (with reg. 3)

Commencement Information

I2 Reg. 2 in operation at 8.4.2002, see reg. 1(1)(b)

Amendment of the Social Security (Incapacity Benefit) Regulations N.I.

3.  In regulation 18 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(8) (persons formerly entitled to severe disablement allowance), for “immediately before 6th April 2001”, in both places where those words occur, there shall be substituted “on 6th April 2001”.

Commencement Information

I3 Reg. 3 in operation at 5.4.2002, see reg. 1(1)(a)

Transitional provisions N.I.

4.—(1) Where, at any time during the pre-commencement period, a person was undertaking work of a kind described in regulation 17(1)(a) of the Social Security (Incapacity for Work) Regulations (Northern Ireland) 1995 as then in operation (work undertaken on the advice of a doctor), that regulation 17 shall, until the end of the day specified in paragraph (3) continue to apply in his case as if regulation 2(3) had not come into operation.

(2) Where, at any time during the pre-commencement period, a person was, by virtue of regulation 7(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(9) deemed to be incapable of work notwithstanding that he was undertaking work for more than 16 hours in any week, that regulation 7 shall, until the end of the day specified in paragraph (3), continue to apply in his case as if regulation 5 had not come into operation.

(3) The day referred to in paragraphs (1) and (2) above is—

(a) 6th April 2003;

(b) where no work of a kind referred to in paragraph (1) or (2) is undertaken by that person at any time during a period of 57 continuous days, the day which is the last day of that period; or

(c) the day on which the period of incapacity for work which, on the day on which these Regulations come into operation, has effect in relation to that person comes to an end,

whichever first occurs.

(4) In this regulation—

• “period of incapacity for work” is to be construed in accordance with section 30C(1)(b) and (c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(10);

• “pre-commencement period” means the period which began 56 days before the day on which these Regulations come into operation and ended on the day preceding that day.

Commencement Information

I4 Reg. 4 in operation at 8.4.2002, see reg. 1(1)(b)

Revocation N.I.

5.  Regulation 7 of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 is hereby revoked.

Commencement Information

I5 Reg. 5 in operation at 8.4.2002, see reg. 1(1)(b)

Sealed with the Official Seal of the Department for Social Development on 7th March 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 as they relate to the circumstances in which a person is to be treated as capable of work for the purposes of entitlement to certain social security benefits—

• regulation 2(2) amends regulation 10A by substituting references to officers of, and persons providing services to, the Department for references to the Department of Higher and Further Education, Training and Employment;

• regulation 2(3) amends regulation 17 in relation to the categories of work which may be undertaken by a person without his being treated as being capable of work; in particular, the requirement that some categories of work may be undertaken only on medical advice has been replaced with a requirement that notice must be given to the Department that the work is being done and changes are made in those categories of work, by the substitution of work which gives rise to earnings of no more than £20 per week; work under supervision; and work during a maximum period of 26 weeks or (where beneficial to the person’s capacity for future full-time employment) 52 weeks.

Regulation 3 corrects a reference in the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 as they relate to persons aged less than 20 on 6th April 2001 who have been in receipt of severe disablement allowance.

Regulation 4 makes transitional provision, in connection with the amendments made by regulation 2(3), in relation to persons who, shortly before these Regulations come into operation, are not regarded as capable of work by virtue of the provisions which are now to be amended or revoked.

Regulation 5 makes a consequential revocation.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

(1)

1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Order 1999 (S.I. 1999/671)

(2)

S.I. 1994/1898 (N.I. 12)

(3)

S.I. 1999/3147 (N.I. 11)

(4)

See Article 8(b) of S.R. 1999 No. 481

(5)

1954 c. 33 (N.I.)

(6)

S.R. 1995 No. 41; relevant amending regulations are S.R. 1999 No. 428, S.R. 2000 No. 109 and S.R. 2001 No. 316

(7)

Regulation 10A was inserted by regulation 7(3) of S.R. 2000 No. 109

(8)

S.R. 1994 No. 461; regulation 18 was added by regulation 2(5) of S.R. 2000 No. 404

(9)

S.R. 1995 No. 35

(10)

Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994