Explanatory note

These Regulations further amend the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 (“the Overlapping Benefits Regulations”), the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 (“the Transitional Regulations”) and the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (“the General Regulations”).

The Overlapping Benefits Regulations are amended to clarify that additional rate under the Transitional Regulations is to be treated the same way as additional pension (regulation 2).

The Transitional Regulations are amended to make certain clarifications (regulation 3).

The General Regulations are amended to make certain clarifications and to correct minor errors (regulation 4(2) to (7) and (9) to (12)) 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 4(8)).

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.