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

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.