Regulation 2 Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

(1)

The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983^f1 shall be amended in accordance with the following paragraphs of this regulation.

(2)

In paragraph (2) of regulation 1 (interpretation), after the definition of “determining authority” there shall be inserted the following definition—

“disability appeal tribunal” means a tribunal constituted in accordance with Schedule 10A to the Act^f2;

(3)

In regulation 3 (persons deemed to be incapable of work)—

(a)

in paragraph (3) at the beginning there shall be inserted the words “Subject to paragraph (4)”; and

(b)

after paragraph (3) there shall be added the following paragraphs—

“(4)

For the purposes of determining entitlement to invalidity benefit, a person who is suffering from some specific disease or bodily or mental disablement but who, by reason only of the fact that he is a member of a disability appeal tribunal, is found not to be incapable of work shall, subject to paragraph (5), be deemed to be incapable of work.

(5)

Where a person serves as a member of a disability appeal tribunal for more than one day in any week, he shall be deemed to be incapable of work by virtue of paragraph (4) only in respect of the first day on which he so serves in that week.”.

(4)

In regulation 17 (disqualification for sickness or invalidity benefit), at the end of paragraph (1)(d)(iii) there shall be added the words “or (4)”.

Annotations

Footnotes

f1: S.I. 1983/1598, to which there are amendments not relevant to these Regulations.
f2: Schedule 10A was inserted by paragraph 16 of Schedule 1 to the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).