# The Social Security (Incapacity Benefit) Amendment Regulations 2001

S.I. 2001/1305 · made 30 March 2001

These Regulations further amend the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2946). The amendments clarify the position relating to the relaxation of the first contribution condition for incapacity benefit, and the circumstances where a person may be entitled to incapacity benefit when he is aged between 20 and 25, or where he has previously been so entitled.

Made under: Social Security Contributions and Benefits Act 1992 (Section 30A, Section 122, Section 175, Schedule 3 paragraph 2); Welfare Reform and Pensions Act 1999 (Section 62, Section 64)

PDFs: Printed copy https://openlegislation.uk/social-security-incapacity-benefit-amendment-regulations-2001/pdf/uksi_20011305_en.pdf

## Introductory text

SOCIAL SECURITY
Made 30th March 2001
Laid before Parliament 4th April 2001
Coming into force 25th April 2001
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 30A(2A) and (6), 122(1) and 175(2) to (4) of, and paragraph 2(8) of Schedule 3 to, the Social Security Contributions and Benefits Act 1992, and of all other powers enabling him in that behalf, by this instrument which contains only regulations made by virtue of sections 62 and 64 of the Welfare Reform and Pensions Act 1999 and which is made before the end of the period of six months beginning with the coming into force of those provisions, hereby makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Incapacity Benefit) Amendment Regulations 2001 and shall come into force on 25th April 2001.

## 2 Amendment of the Social Security (Incapacity Benefit) Regulations 1994

(1) The Social Security (Incapacity Benefit) Regulations 1994 are amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (2)(a) of regulation 2B (relaxation of the first contribution condition in certain cases), for “relevant tax year” substitute “last complete tax year”.
(3) In regulation 15 (age exception—persons aged 20 and under 25)—
(a) in paragraph (2)(b), for “in a period” substitute “in respect of a period”; and
(b) for paragraph (3)(b), substitute the following—
“(b) ended no earlier than the beginning of the last two complete tax years before the benefit year which would have governed a claim for incapacity benefit under section 30A(1)(a) of the Contributions and Benefits Act had he been eligible for it.”.
(4) In paragraph (3)(b) of regulation 18 (circumstances in which a previous claimant who does not satisfy the age condition becomes entitled)—
(a) after “earnings” where it first occurs, insert “factor”; and
(b) for “were” substitute “was”.

## Signature

Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
30th March 2001

## Explanatory note

(This note is not part of the Regulations)
These Regulations further amend the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2946). The amendments clarify the position relating to the relaxation of the first contribution condition for incapacity benefit, and the circumstances where a person may be entitled to incapacity benefit when he is aged between 20 and 25, or where he has previously been so entitled.
These Regulations do not impose a charge on business.

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Source: https://www.legislation.gov.uk/uksi/2001/1305 (the official version)
Page: https://openlegislation.uk/social-security-incapacity-benefit-amendment-regulations-2001
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.