The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008

Amendment of the Social Security (Medical Evidence) Regulations N.I.

8.—(1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation) after the definition of “the Contributions and Benefits Act”(2) insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;

“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act (Northern Ireland) 2007;

“limited capability for work assessment” means the assessment of whether a person has limited capability for work as set out in regulation 19(2) of, and Schedule 2 to, the Employment and Support Allowance Regulations;”.

(3) In regulation 2(3) (evidence of incapacity for work and confinement)—

(a) in the heading after “incapacity for work” insert “, limited capability for work”;

(b) in paragraph (1)—

(i) after “incapable of work” insert “or having limited capability for work”,

(ii) after “personal capability assessment”, in both places where it occurs, insert “or the limited capability for work assessment”,

(iii) after “evidence of such incapacity” insert “or limited capability for work”, and

(iv) in sub-paragraph (c) after “incapable of work” insert “or whether a person has or does not have limited capability for work”; and

(c) in paragraph (2) after “personal capability assessment” insert “or the limited capability for work assessment”.

(4) In regulation 5(4) (self-certificate for first 7 days of a spell of incapacity for work)—

(a) in the heading after “incapacity for work” add “or limited capability for work”;

(b) in paragraph (1)—

(i) after “evidence of incapacity” insert “or limited capability for work”,

(ii) omit “or” after sub-paragraph (a), and

(iii) after sub-paragraph (b) insert—

“(c) for a period of limited capability for work which lasts less than 8 days; or

(d) in respect of any of the first 7 days of a longer period of limited capability for work,”; and

(c) in for paragraph (2) for the definition of “self-certificate” substitute—

“a “self-certificate” means either—

(i)

a declaration made by the claimant in writing, on a form approved for the purpose by the Department, or

(ii)

where the claimant has made a claim for employment and support allowance in accordance with regulation 4F of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, an oral declaration by the claimant,

that he has been unfit for work from a date or for a period specified in the declaration and may include a statement that the claimant expects to continue to be unfit for work on days subsequent to the date on which it is made;.”.

Commencement Information

I1 Reg. 8 in operation at 27.10.2008, see reg. 1(b)

(1)

S.R. 1976 No. 175; relevant amending Regulations are S.R. 1982 No. 153, S.R. 1987 No. 117, S.R. 1992 No. 83, S.R. 1994 No. 468, S.R. 1995 No. 149, S.R. 2000 No. 4 and S.R. 2001 No. 308

(2)

The definition of “the Contributions and Benefits Act” was inserted by regulation 2(2) of S.R. 1994 No. 468

(3)

Regulation 2 was amended by regulation 2(1) of S.R. 1982 No. 153, regulation 2(3) of S.R. 1987 No. 117, regulation 2(2) of S.R. 1992 No. 83, regulation 2(3) of S.R. 1994 No. 468, regulation 2(2) of S.R. 1995 No. 149, regulation 3(3) of S.R. 2000 No. 4 and regulation 2(2) of S.R. 2001 No. 308

(4)

Regulation 5 was inserted by regulation 2(2) of S.R. 1982 No. 153 and amended by regulation 2(4) of S.R. 1994 No. 468