The Social Security (Welfare to Work) Regulations (Northern Ireland) 1998

These Regulations may be cited as the Social Security (Welfare to Work) Regulations (Northern Ireland) 1998 and shall come into operation on 5th October 1998.

The Interpretation Act (Northern Ireland) 1954^f1 shall apply to these Regulations as it applies to a Measure of the Assembly.

The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995^f1 shall be amended in accordance with paragraphs (2) to (7).

After regulation 17A^f2 (awards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link) there shall be inserted the following regulation—

“Calculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases

17B

For the purposes of transitional cases, where a person, to whom regulation 17(1) or 17A applies, has been determined in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to have become a welfare to work beneficiary, section 30C(1)(c) (any two periods of incapacity for work not separated by a period of more than 8 weeks to be treated as one period of incapacity for work) shall have effect as if for the reference to 8 weeks there were substituted a reference to 52 weeks.”.

In regulation 23 (increase of Category A retirement pension for incapacity)—

In regulation 24 (increase of rate of long-term incapacity benefit for dependants in transitional cases)—

In regulation 25 (further provisions for dependants in respect of the application of old saving provisions)—

In regulation 28(1) (transitional provisions for an increase of severe disablement allowance for adult dependants) for “regulation 24(2) to (7)” there shall be substituted “regulation 24(2) to (7A)”.

In regulation 31(5)(c)^f3 (application of the new tests of incapacity for work) after “spell” there shall be inserted “or period”.

The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995^f1 shall be amended in accordance with paragraphs (2) and (3).

After regulation 13 (person receiving certain regular treatment) there shall be inserted the following regulation—

“Welfare to work beneficiary

13A

(1)

Subject to paragraph (3), a person is a “welfare to work beneficiary” on any day in a linking term, where he—

(a)

was incapable of work for a period of incapacity for work of more than 196 days in his immediate past period of incapacity for work;

(b)

ceased to be entitled to benefit at the end of that immediate past period of incapacity for work on a day which falls on or after 5th October 1998;

(c)

became engaged in remunerative work within one week of so ceasing to be entitled to that benefit at the end of that immediate past period of incapacity for work; and

(d)

either—

(i)

gave notice to the Department, within a period of one month after so ceasing to be entitled to that benefit, that he had been engaged in renumerative work within one week from the end of that past period of incapacity for work, or

(ii)

had successfully appealed against an assessment made in respect of the all work test or a determination in respect of the own occupation test in relation to his immediate past period of incapacity for work, which period, had that assessment or determination not been made, would have consisted of a period of incapacity for work of more than 196 days.

(2)

A welfare to work beneficiary shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total, beginning within the linking term and ending on a day not later than 13 weeks from the end of that linking term, where he—

(a)

claims benefit for any day falling within that linking term;

(b)

submits evidence in accordance with regulation 2 of the Medical Evidence Regulations^f2; and

(c)

in his immediate past period of incapacity for work—

(i)

had been assessed and satisfied the all work test in accordance with Part III, or

(ii)

had been treated under regulation 10^f3 as incapable of work.

(3)

A person is not a welfare to work beneficiary under paragraph (1) if—

(a)

his immediate past period of incapacity for work was ended by a determination (other than a determination in the circumstances applicable to a person under paragraph (1)) that he was, or was treated as, capable of work; or

(b)

his immediate past period of incapacity for work ended within a period of less than 28 weeks from the end of his last linking term.

(4)

For the purposes of this regulation—

• “benefit” means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay), or under the Jobseekers (Northern Ireland) Order 1995, for which entitlement is dependent on incapacity for work;

• “linking term” means a period of 52 weeks (whether or not broken by days of incapacity for work) fixed on the first day immediately following the last day of incapacity in a period of incapacity for work;

• “immediate past period of incapacity for work” means a period of incapacity for work under section 30C(1);

• “remunerative work” means—

  1. (a)

     work (other than exempt work under regulation 17) for which payment is made or which is done in expectation of payment; or

  2. (b)

     attendance on a training course in respect of which the person receives a training allowance in pursuance of arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950^f4.”.

In regulation 17(2)(b)^f5 (exempt work) the words “or (b)” shall be omitted.

The Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984^f1 shall be amended in accordance with paragraphs (2) and (3).

In regulation 7^f2 (days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance) after paragraph (1A) there shall be inserted the following paragraph—

“(1B)

For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total for which he makes a claim for severe disablement allowance, beginning within a linking term and ending on a day not later than 13 weeks from the end of that linking term in respect of which he has been determined to be a person who is a welfare to work beneficiary; and in this paragraph “linking term” and “welfare to work beneficiary” have the meanings given in regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (welfare to work beneficiary).”.

In regulation 10^f3 (adjudication)—

The Income Support (General) Regulations (Northern Ireland) 1987^f1 shall be amended in accordance with paragraphs (2) to (4).

In regulation 2(1) (interpretation) after the definition of “voluntary organisation”^f2 there shall be inserted the following definition—

• ““welfare to work beneficiary” means a person—

  1. (a)

     to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 applies; and

  2. (b)

     who again becomes incapable for work for the purposes of Part XIIA of the Contributions and Benefits Act^f3;”.

In Schedule 2 (applicable amounts)—

In Schedule 3^f6 (housing costs)—

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1 shall be amended in accordance with paragraphs (2) to (4).

In regulation 1(2) (interpretation) after the definition of “week” there shall be inserted the following definition—

• ““welfare to work beneficiary” means a person—

  1. (a)

     to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 applies, and

  2. (b)

     who again becomes incapable of work for the purposes of Part XIIA of the Benefits Act;”.

In Schedule 1 (applicable amounts) in paragraph 12^f2 after sub-paragraph (2) there shall be added the following sub-paragraph—

“(3)

In this paragraph, where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for “8 weeks” there were substituted “52 weeks”.”.

In Schedule 2 (housing costs) in paragraph 13^f3 after sub-paragraph (11) there shall be added the following sub-paragraph—

“(12)

Where the claimant’s partner to whom this paragraph applies is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii), (1)(d) and (1)(f)(iii) shall apply to him as if for “12 weeks” there were substituted “52 weeks”.”.