Explanatory note

These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations 1995 (“the principal Regulations”) as they relate to the circumstances in which a person is to be treated as capable of work for the purposes of entitlement to certain social security benefits, and make miscellaneous amendments in other instruments relating to incapacity benefit.

Regulation 2 amends regulation 10A of the principal Regulations to substitute references to officers of, and persons providing services to, the Secretary of State in place of references to the Employment Service of the Department of Employment.

Regulation 3 amends regulation 17 of the principal Regulations in connection with the categories of work which may be undertaken by a person without his being treated (under regulation 16 of those Regulations) as being capable of work. In particular, the requirement that some categories of work may be undertaken only on medical advice has been replaced with a requirement that notice must be given to the Secretary of State that the work is being done.

Changes have also been made in those categories of work, by the substitution of work which gives rise to earnings of no more than £20 a week; work under supervision; and work during a maximum period of 26 weeks or (where beneficial to the person’s capacity for future full-time employment) 52 weeks.

Regulation 4 corrects a reference in the Social Security (Incapacity Benefit) Regulations 1994 as they relate to persons aged less than 20 on 6th April 2001 who have been in receipt of severe disablement allowance.

Regulation 5 revokes regulation 7 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 which provided for a person to be deemed to be incapable of work notwithstanding that he was undertaking specified work for more than 16 hours in any week.

Regulation 6 makes transitional provision, in connection with the amendments made by regulation 3 and the revocation made by regulation 5, in relation to persons who, shortly before these Regulations come into force, are not regarded as capable of work by virtue of the provisions which are now to be amended or revoked.

These Regulations impose no costs on business.