# The Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2004

S.I. 2004/2301 · made 2 September 2004

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 30E, Section 122, Section 171D, Section 171G, Section 175, Schedule 7 paragraph 2)

PDFs: Printed copy https://openlegislation.uk/social-security-incapacity-miscellaneous-amendments-regulations-2004/pdf/uksi_20042301_en.pdf; Explanatory Memorandum https://openlegislation.uk/social-security-incapacity-miscellaneous-amendments-regulations-2004/pdf/uksiem_20042301_en.pdf

## Introductory text

SOCIAL SECURITY
Made 2nd September 2004
Laid before Parliament 10th September 2004
Coming into force 1st October 2004
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 30E, 122(1), 171D(2), 171G(2) and 175(1) to (3) 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 to make 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) Regulations 2004 and shall come into force on 1st October 2004.

## 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 amount of £3,744 there shall be substituted the amount of £4,056.

## 3 Amendment of regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994

In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the amount of £72.00 there shall be substituted the amount of £78.00.

## 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 amount of £72.00 there shall be substituted the amount of £78.00.

## Signature

Andrew Smith
Secretary of State,
Department for Work and Pensions
2nd September 2004

## 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 £3,744 to £4,056 the amount which can be earned in a year before a person is disqualified from receiving unemployability supplement to disablement pension.
Regulation 3 amends regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 by increasing the weekly earnings limit for councillor’s allowance from £72.00 to £78.00.
Regulation 4 amends regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 by increasing from £72.00 to £78.00 the weekly limit for earnings from work which may be undertaken by a person without his being treated as being capable of work..
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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Source: https://www.legislation.gov.uk/uksi/2004/2301 (the official version)
Page: https://openlegislation.uk/social-security-incapacity-miscellaneous-amendments-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.