Regulation 7 Amendment of the Social Security (Incapacity for Work) (General) RegulationsI1

The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995^f1 shall be amended in accordance with paragraphs (2) to (4).

In regulation 6(3)(b)^f2 (information required for determining capacity for work) for “regulations 10 to 14” there shall be substituted “regulations 10, 11 to 14”.

After regulation 10 (certain persons with a severe condition to be treated as incapable of work) there shall be inserted the following regulation—

“Certain persons participating in approved work to be treated as incapable of work

10A

(1)

A person to whom this regulation applies shall be treated as incapable of work on any day in a period of incapacity for work on which he does any approved work in respect of which no payment in the nature of earnings is expected or made.

(2)

Subject to paragraph (3), this regulation applies to a person who is—

(a)

incapable of work or treated as incapable of work;

(b)

receiving a prescribed benefit; and

(c)

engaged in approved work on a trial basis.

(3)

Where a person to whom this regulation applies is determined to be capable of work, paragraph (1) shall cease to apply in his case.

(4)

In this regulation—

• “approved work” means, in relation to a person, work arranged in writing by the Department of Higher and Further Education, Training and Employment with an employer in respect of him;

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

• “trial basis” means such trial period and other related matters as may be agreed between the person, the Department of Higher and Further Education, Training and Employment and an employer in relation to the approved work.”.

In regulation 16(2)^f3 (person who works to be treated as capable of work) for “167F)” there shall be substituted “167F or approved work under regulation 10A)”.