The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Social Security (Claims and Payments) Regulations 1987 (“the principal Regulations”).

Regulations 2, 3, 4, 5, 6, 8, 10 (other than paragraphs (3) and (5)), 13, 14(2) and (4), 15 and 16 are wholly consequential on the enactment of the Social Security (Incapacity for Work) Act 1994 and are made before the end of the period of 6 months beginning with the coming into force of section 12 of that Act. These regulations (other than regulation 2) substitute references to incapacity benefit for references to sickness benefit or invalidity benefit in the principal Regulations; regulation 2 revokes a provision specific to invalidity benefit.

Regulations 7 and 11 amend regulation 18 of and Schedule 3 to the principal Regulations to provide that the provisions on the disallowance of continuation claims which apply to sickness benefit and invalidity benefit are not carried forward into incapacity benefit and also cease to apply to severe disablement allowance.

Regulations 9 and 14(3) substitute a new regulation 24 of and amend Schedule 7 to the principal Regulations to provide that awards of incapacity benefit, severe disablement allowance and income support in cases of incapacity for work shall be paid fortnightly where entitlement commences on or after 13th April 1995.

Regulation 10(3) and (5) amends Schedule 1 to the principal Regulations to provide that claims for unemployment benefit may not be treated as claims for any benefit other than unemployability supplement or invalid care allowance.

Regulation 12 amends Schedule 4 to the principal Regulations by providing a one month time limit for both new and repeat claims for incapacity benefit and severe disablement allowance.

These Regulations impose no costs on business.