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The Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997

S.I. 1997/1009 · Made 20 March 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 20th March 1997

Coming into force 1st April 1997

Whereas a draft of this instrument was laid before Parliament in accordance with section 6(3) of the Social Security (Incapacity for Work) Act 1994f1 and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 68(11)(cc), 122(1), 171D(1), 171G(2) and 175 of the Social Security Contributions and Benefits Act 1992f2 and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committeef3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1994 c. 18.

f2

1992 c. 4. Section 68(11)(cc) was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 9(3); sections 171D and 171G were inserted by section 6(1) of that Act. Sections 122(1) and 171G(2) are cited because of the meaning assigned to the word

f3

“prescribe” or “prescribed”.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
  3. 3Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
  4. 4Saving
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997 and shall come into force on 1st April 1997.

2Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995

In regulation 10(2) of the Social Security (Incapacity for Work) (General) Regulations 1995f1 (certain persons with a severe condition to be treated as incapable of work) after sub-paragraph

(a)

there shall be inserted—

“(aa)

that he is entitled to—

(i)

a disablement pension by virtue of section 103 of the Contributions and Benefits Act by reference to a degree of disability of not less than 80 per cent.;

(ii)

a disablement pension by virtue of Part III of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983f2 or of Part III of the Personal Injuries (Civilians) Scheme 1983f3 by reference to a degree of disability of not less than 80 per cent.;

(ab)

that evidence in accordance with regulation 10 of the Social Security (Severe Disablement Allowance) Regulations 1984f4 establishes that he suffers from a loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.;”.

3Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984

In regulation 10(1) of the Social Security (Severe Disablement Allowance) Regulations 1984f1 (adjudication)—

(a)

sub-paragraph (a) shall be omitted;

(b)

for sub-paragraph (b) there shall be substituted—

“(b)

evidence that on that day he is or was entitled to the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) and (4) (a) of the Contributions and Benefits Act;”;

(c)

in sub-paragraph (f) the words “or partially sighted” shall be omitted; and

(d)

in sub-paragraph (ff) the words “or partially sighted”, in both places where they appear, shall be omitted.

4Saving

Where

(a)

before the coming into force of these Regulations, a person is entitled to severe disablement allowance by virtue of having satisfied regulation 10(1) (a), (b), (f) or (ff) of the Social Security (Severe Disablement Allowance) Regulations 1984, as then in force; and

(b)

after the coming into force of these Regulations, he is a person in respect of whom any day is to be treated as part of one period of incapacity for work, within the meaning of section 30C(1) of the Social Security Contributions and Benefits Act 1992f1, which began before the coming into force of these Regulations, regulation 10 of the Social Security (Severe Disablement Allowance) Regulations 1984 shall continue to have effect as if regulation 3 of these Regulations had not been made.

Signature

Signed by authority of the Secretary of State for Social Security.

A. J. B. Mitchell

Parliamentary Under-Secretary of State,

Department of Social Security

20th March 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311) (“the Incapacity General Regulations”) and the Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303) (“the Severe Disablement Allowance Regulations”).

The Incapacity General Regulations are amended to make provision so that certain persons who are entitled to disablement pension, or assessed for the purpose of severe disablement allowance as 80 per cent. disabled, are treated as incapable of work (regulation 2).

The Severe Disablement Allowance Regulations are amended so that the partially sighted and those entitled to attendance allowance, the mobility component or the middle rate care component of disability living allowance and war pensions mobility supplement are not treated as automatically meeting the 80 per cent. disablement test (regulation 3).

These Regulations also make saving provision for the protection of those in receipt of severe disablement allowance before the coming into force of these Regulations (regulation 4).

These Regulations do not impose a charge on business.

The Report of the Social Security Advisory Committee dated 13th February 1997 on the proposals referred to them, together with a statement showing the extent to which these Regulations give effect to the Report and in so far as they do not give effect to it, the reasons why not, are contained in Command Paper Cm. 3572, published by The Stationery Office.