Explanatory note

These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311) (“the Incapacity General Regulations”), the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310) (“the Incapacity Transitional Regulations”) and the Social Security (Overlapping Benefits) Regulations 1979 (S.I. 1979/597) (“the Overlapping Benefits Regulations”).

The Incapacity General Regulations are amended to make certain clarifications and to correct minor errors (regulation 2(2), (3), (4), (5) (6), (7) (8), (10) and (11)); and to make provision consistent with adjudication in respect of the exceptional circumstances for which a person who fails the all work test is to be treated as incapable of work (regulation 2(9)).

The Incapacity Transitional Regulations are amended to make certain clarifications and to correct minor errors (regulation 3(2) to (5)).

The Overlapping Benefits Regulations are amended to make it clear that additional rate under the Incapacity Transitional Regulations is to be treated in the same way as additional pension (regulation 4).

These Regulations do not impose a charge on business.