Regulation 5 Amendment of the Social Security (Incapacity Benefit) (Transitional) RegulationsI1

Northern Ireland

(1)

The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995^f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 31 (application of the new tests of incapacity for work)—

(a)

in paragraph (1)^f2—

(i)

for “the all work test shall apply to him” there shall be substituted “the question of whether he is capable or incapable of work shall fall to be determined in accordance with the personal capability assessment”;

(ii)

for “that test” there shall be substituted “that assessment”; and

(iii)

for “(the all work test)” there shall be substituted “(the personal capability assessment)”; and

(b)

in paragraphs (3) and (4)^f3 for “shall be treated as having satisfied the incapacity for work test in accordance with regulations made under section 167C” there shall be substituted “shall be treated as being incapable of work in accordance with regulations made under section 167C”.

(3)

In regulation 32 (treatment of days of incapacity arising before the appointed day) the words “(period after which the all work test applies)” shall be omitted.

Annotations

Commencement

I1: Reg. 5 in operation at 3.4.2000, see reg. 1(1)

Footnotes

f1: S.R. 1995 No. 35; relevant amending regulations are S.R. 1995 No. 149 and S.R. 1996 No. 601
f2: Paragraph (1) was amended by regulation 3(5)(a) of S.R. 1996 No. 601
f3: Paragraph (4) was amended by regulation 3(8)(a) of S.R. 1995 No. 149