# The Social Security (Incapacity) (Miscellaneous Amendments) (No. 2) Regulations 2002

S.I. 2002/2311 · made 5 September 2002

These Regulations amend the Social Security (General Benefit) Regulations 1982, the Social Security (Incapacity Benefit) Regulations 1994 and the Social Security (Incapacity for Work) (General) Regulations 1995.

Made under: Social Security Contributions and Benefits Act 1992 (Section 30A, Section 30E, Section 122, Section 171D, Section 171G, Section 175, Schedule 7 paragraph 2)

PDFs: Printed copy https://openlegislation.uk/social-security-incapacity-miscellaneous-amendments-no-2-regulations-2002/pdf/uksi_20022311_en.pdf

## Introductory text

SOCIAL SECURITY
Made 5th September 2002
Laid before Parliament 10th September 2002
Coming into force
save for the purposes of regulation 3(2) 1st October 2002
for the purposes of regulation 3(2) 1st January 2003
The Secretary of State for Work and Pensions, in exercise of the powers conferred on him by sections 30A(6), 30E, 122(1), 171D(2), 171G(2) and 175(1) to (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 1992 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee and the Industrial Injuries Advisory Council that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) (No. 2) Regulations 2002 and shall come into force—
(a) save for the purposes of regulation 3(2), on 1st October 2002; and
(b) for the purposes of regulation 3(2), on 1st January 2003.

## 2 Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982

In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level that does not disqualify for unemployability supplement) for the sum “£3,432” there shall be substituted the sum “£3,510”.

## 3 Amendment of the Social Security (Incapacity Benefit) Regulations 1994

(1) In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum “£66.00” there shall be substituted the sum “£67.50”.
(2) In regulation 18(4) of those Regulations (re-claim of incapacity benefit after absence from Great Britain by claimant incapacitated in youth)—
(a) sub-paragraph (c) shall be omitted;
(b) for sub-paragraph (d) there shall be substituted—
“(d) who made his claim for benefit on a day not later than 3 months from the end of the period of 196 days described in sub-paragraph (b).”.

## 4 Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995

In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for the sum “£66.00” there shall be substituted the sum “£67.50”.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th September 2002

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Social Security (General Benefit) Regulations 1982, the Social Security (Incapacity Benefit) Regulations 1994 and the Social Security (Incapacity for Work) (General) Regulations 1995.
Regulation 2 amends regulation 16 of the Social Security (General Benefit) Regulations 1982 by increasing from £3,432 to £3,510 the amount which can be earned before disqualification from unemployability supplement.
Regulation 3 amends regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 by increasing the earnings limit for councillor’s allowance from £66.00 to £67.50. It also amends regulation 18 to allow a person who was previously entitled to incapacity benefit in youth to become entitled again after returning from an unlimited absence abroad.
Regulation 4 amends regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 by increasing from £66.00 to £67.50 the weekly limit for earnings from work which may be undertaken by a person without his being treated as being capable of work.
These Regulations do not impose any costs on business.

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Source: https://www.legislation.gov.uk/uksi/2002/2311 (the official version)
Page: https://openlegislation.uk/social-security-incapacity-miscellaneous-amendments-no-2-regulations-2002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.