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The Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2001

S.I. 2001/2979 · Made 30 August 2001

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 30th August 2001

Laid before Parliament 6th September 2001

Coming into force 1st October 2001

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 30E, 122(1), 171D, 171G(2) and 175(1) to (4) of, and paragraphs 2(8) of Schedule 3 and 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 1992f1, and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee and the Industrial Injuries Advisory Council that proposals to make these Regulations should not be referred to itf2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 4; sections 30E, 171D and 171G were inserted by sections 3(1) and 6(1) respectively of the Social Security (Incapacity for Work) Act 1994 (c. 18), paragraph 2(8) of Schedule 3 was added by section 62(4) of the Welfare Reform and Pensions Act 1999 (c. 30). Section 175(4) was amended by Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Sections 122(1) and 171G(2) are cited because of the meaning assigned to the word “prescribe”.

f2

See sections 170, 171 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (General Benefit) Regulations 1982
  3. 3Amendment of the Social Security (Incapacity Benefit) Regulations 1994
  4. 4Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2001 and shall come into force on 1st October 2001.

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

In regulation 16 of the Social Security (General Benefit) Regulations 1982f1 (earnings level for the purpose of unemployability supplement), for the sum of “£3,146” substitute the sum of “£3,432”.

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

The Social Security (Incapacity Benefit) Regulations 1994f1 shall be amended in accordance with the following paragraphs—

(a)

in paragraph (2)(a) of regulation 2B (relaxation of the first contribution condition in certain cases)—

(i)

delete the word “before” and insert the words “immediately preceding the relevant benefit year in which”; and

(ii)

after the words “for work” insert the word “occurred”;

(b)

in regulation 8 (limit of earnings from councillor’s allowance), for the sum of “£60.50” substitute the sum of “£66.00”.

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

In paragraph (2)(a) of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995f1 (exempt work), for the sum of “£60.50” substitute the sum of “£66.00”.

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

30th August 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408), the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2946) and the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311). Increases in amounts are consequent upon the increase in the national minimum wage which takes effect on 1st October 2001.

Regulation 2 raises from £3,146 to £3, 432 per year the earnings limit which applies to industrial injuries unemployability supplement.

Regulation 3 further amends the Social Security (Incapacity Benefit) Regulations 1994. The amendments clarify the position relating to the relaxation of the first contribution condition for incapacity benefit and raise from £60.50 to £66.00 per week the limit of earnings from a councillor’s allowance in relation to incapacity benefit. This figure is also relevant for the purposes of those who remain entitled to severe disablement allowance by virtue of regulation 8A of the Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303).

Regulation 4 raises from £60.50 to £66.00 per week the earnings limit for exempt work, generally known as the “therapeutic earnings limit”, which applies to incapacity for work.

These Regulations do not impose any costs on business.