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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations make provision consequential upon the introduction of employment and support allowance by Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (“the 2007 Act”) and lump sum payments in respect of diffuse mesothelioma by the Mesothelioma, etc., Act (Northern Ireland) 2008 (“the 2008 Act”).

Regulation 2 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the Decisions and Appeals Regulations”) to—

  • provide that where an appeal to an appeal tribunal relating to employment and support allowance involves the limited capability for work assessment or the determination of limited capability for work-related activity, the appeal tribunal shall consist of a legally qualified panel member and a medically qualified panel member (paragraph (2));

  • include limited capability for work or work-related activity for the purposes of the 2007 Act as one of the issues in relation to which an appeal tribunal may require a person to undergo a medical examination (paragraph (3)).

Regulation 3 amends the Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations (Northern Ireland) 2008 to apply the provisions of the Decisions and Appeals Regulations to an appeal to an appeal tribunal or a Social Security Commissioner as they apply to an appeal under Article 13 or 14 of the Social Security (Northern Ireland) Order 1998.

Regulation 4 makes consequential revocations.

Section 28(2) of the 2007 Act, one of the provisions under which these Regulations are made, was brought fully into operation on 27th July 2008 by virtue of the Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008 (S.R. 2008 No. 276 (C. 14)). Sections 5(4)(a) and (b) and 9(3) of the 2008 Act, the other provisions under which these Regulations are made, were brought fully into operation on 1st October 2008 by virtue of the Mesothelioma, etc., (2008 Act) (Commencement) Order (Northern Ireland) 2008 (S.R. 2008 No. 351 (C. 19)).

As these Regulations, in so far as they are made under section 28(2) of the 2007 Act, are made before the end of the period of 6 months from the commencement of that provision, they are, accordingly, exempt, by virtue of section 150(5)(a) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.