The Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2001

Made7th September 2001

Coming into operation1st October 2001

The Department for Social Development, in exercise of the powers conferred by sections 30E, 167D and 171(1) to (4) of, and paragraphs 2(8) of Schedule 3 and 2(3) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 19921, and now vested in it2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2001 and shall come into operation on 1st October 2001.

Amendment of the Social Security (General Benefit) RegulationsF12.

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Amendment of the Social Security (Incapacity Benefit) Regulations3.

(1)

The Social Security (Incapacity Benefit) Regulations (Northern Ireland) 19944 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1B(2)(a)5 (relaxation of the first contribution condition in certain cases)—

(a)

for “before” there shall be substituted “immediately preceding the relevant benefit year in which”; and

(b)

after “for work” there shall be inserted “occurred”.

F2(3)

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Amendment of the Social Security (Incapacity for Work) (General) RegulationsF34.

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RevocationsF35.

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Sealed with the Official Seal of the Department for Social Development on 7th September 2001.

John O'Neill

Senior Officer of the

Department for Social Development

(This note is not part of the Regulations.)

These Regulations further amend the Social Security (General Benefit) Regulations (Northern Ireland) 1984, the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 (“the Incapacity Benefit Regulations”) and the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to take into account the increase in the national minimum wage which takes effect from 1st October 2001.

Regulation 2 increases the annual unemployability supplement earnings level from £3,146·00 to £3,432·00.

Regulation 3(3) increases the weekly earnings limit for a councillor’s allowance in relation to incapacity benefit from £60·50 to £66·00.

Regulation 4 increases the weekly incapacity for work therapeutic earnings limit from £60·50 to £66·00.

Regulation 5 contains consequential revocations.

Regulation 3(2) further amends the Incapacity Benefit Regulations to clarify the position relating to the relaxation of the first contribution condition for incapacity benefit.

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 and paragraph 7 of Schedule 5A to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of subsection (2) or, as the case may be, (2A) of section 149 of that Act for prior reference to the Social Security Advisory Committee or the Industrial Injuries Advisory Council.

These Regulations do not impose a charge on business.