OpenLegislation

Paragraph 24 Persons appealing against a decision which embodies a determination that they are not incapable of workF1F3

A person—

(a)

in respect of whom it has been determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that he is not incapable of work; and

(b)

whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work); and

(c)

who has made and is pursuing an appeal against the F2decision which embodies a determination that he is not so incapable,

but only for the period prior to the determination of his appeal.

Annotations

Textual amendments

F1

Sch. 1B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 22, Sch. 1

F2

Words in Sch. 1B para. 24 inserted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 3(1), Sch. 6 para. 3(a)

F3

Words in Sch. 1B para. 24 heading inserted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 3(1), Sch. 6 para. 3(c)

Notes on the whole SI

Textual amendments

F1

1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

F2

1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.