Part IVMiscellaneous and supplemental

77Pilot schemes

1

Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.

2

Any regulations which, by virtue of subsection (1) above, are to have effect for a limited period are referred to in this section as “a pilot scheme”.

3

A pilot scheme may provide that its provisions are to apply only in relation to—

a

one or more specified areas or localities;

b

one or more specified classes of person;

c

persons selected—

i

by reference to prescribed criteria; or

ii

on a sampling basis.

4

A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

5

A pilot scheme (“the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

6

In so far as a pilot scheme would, apart from this subsection, have the effect of—

a

treating as capable of work any person who would not otherwise be so treated; or

b

reducing the total amount of benefit that would otherwise be payable to any person,

it shall not apply in relation to that person.

7

Subsection (1) above applies to—

a

regulations made under section 171D of the Contributions and Benefits Act (incapacity for work: persons treated as incapable of work); and

b

in so far as they are consequential on or supplementary to any such regulations, regulations made under any of the provisions mentioned in subsection (8) below.

8

The provisions are—

a

subsection (5)(a) of section 22 of the Contributions and Benefits Act (earnings factors);

b

section 30C of that Act (incapacity benefit);

F1c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

subsection (1)(e) of section 124 of that Act (income support) and, so far as relating to income support, subsection (1) of section 135 of that Act (the applicable amount);

e

Part XIIA of that Act (incapacity for work);

f

section 61A of the Administration Act and section 31 above (incapacity for work).

9

A statutory instrument containing (whether alone or with other provisions) a pilot scheme shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.