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The Social Security (Incapacity for Work) (General) Regulations 1995
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- UK Statutory Instruments
- 1995 No. 311
- PART II
- CHAPTER IV
- Regulation 17A
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Act modified by S.I. 1999/1088 regs.3.4-6 7
[F1Person who claims unemployment benefit to be treated as capable of workE+W+S
17A. [F2Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment], a person shall be treated as capable of work [F3throughout any period in respect of which he claims a jobseeker’s allowance], notwithstanding that it has been determined that he [F4incapable of work in accordance with that assessment] or that he is, or is to be treated as, incapable of work under regulation 10 or 27, if [F5throughout that period]—
(a)the following conditions are satisfied, namely—
(i)that he has done some work or undertaken a course of education or training or similar activity in preparation for work while suffering from the specific disease or bodily or mental disablement which led to that determination; and
(ii)that since he did so, that disease or disablement has not worsened, nor is he suffering from any further disease or bodily or mental disablement which might affect his capacity for work; or
(b)he is able to show that he has a reasonable prospect of obtaining employment.]
Textual Amendments
F1Reg. 17A inserted (3.4.1995) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1995 (S.I. 1995/987), regs. 1(2), 2(6)
F2Words in reg. 17A substituted (3.4.2000) by The Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 (S.I. 2000/590), regs. 1(b), 4(a)(i)
F3Words in reg. 17A substituted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 20(3)
F4Words in reg. 17A substituted (3.4.2000) by The Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 (S.I. 2000/590), regs. 1(b), 4(a)(ii)
F5Words in reg. 17A substituted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 20(3)
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