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The Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 2005

S.R. 2005/15 · Made 13 January 2005

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 13th January 2005

Coming into operation 10th February 2005

The Department for Social Development, in exercise of the powers conferred by sections 167D(1) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, and now vested in itf2, and of all other powers enabling it in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itf3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)); section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f2

See Article 8(b) of S.R. 1999 No. 481

f3

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Incapacity for Work) (General) Regulations
  3. 3Revocations
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 10th February 2005.

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

For regulation 27 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995f1 (exceptional circumstances) there shall be substituted the following regulation –

“27.

A person who is not incapable of work in accordance with the personal capability assessment shall be treated as incapable of work if –

(a)

he suffers from a previously undiagnosed potentially life-threatening condition;

(b)

he suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if he were found capable of work;

(c)

he suffers from a severe uncontrolled or uncontrollable disease; or

(d)

he will, within three months of the date on which the doctor examines him, have a major surgical operation or other major therapeutic procedure.”.

3Revocations

Regulation 4(8) of the Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations (Northern Ireland) 1996f1 and regulation 2(13) of the Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 2000f2 are hereby revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 13th January 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to set out the exceptional circumstances in which a person who is not incapable of work in accordance with the personal capability assessment is nevertheless to be treated as incapable of work.

Regulation 3 makes consequential revocations.

These Regulations do not impose a charge on business.