Regulation 3 Amendment of the Social Security (Incapacity Benefit) (Transitional) RegulationsI1

Northern Ireland

(1)

The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995^f1 shall be amended in accordance with paragraphs (2) to (7).

(2)

After regulation 17A^f2 (awards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link) there shall be inserted the following regulation—

“Calculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases

17B

For the purposes of transitional cases, where a person, to whom regulation 17(1) or 17A applies, has been determined in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to have become a welfare to work beneficiary, section 30C(1)(c) (any two periods of incapacity for work not separated by a period of more than 8 weeks to be treated as one period of incapacity for work) shall have effect as if for the reference to 8 weeks there were substituted a reference to 52 weeks.”.

(3)

In regulation 23 (increase of Category A retirement pension for incapacity)—

(a)

the existing provision shall be numbered as paragraph (1); and

(b)

after paragraph (1) there shall be added the following paragraph—

“(2)

In the case of a person who is a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, the reference in paragraph (1) to a period of 57 days shall be treated as a reference to a period of 52 weeks.”.

(4)

In regulation 24 (increase of rate of long-term incapacity benefit for dependants in transitional cases)—

(a)

in paragraph (7) for the words “A person” there shall be substituted the words “Except in a case where paragraph (7A) applies, a person”; and

(b)

after paragraph (7) there shall be inserted the following paragraph—

“(7A)

The exception referred to in paragraph (7) applies only where the person—

(a)

has been determined to be a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995; and

(b)

is not entitled to incapacity benefit on any day in a period falling within a linking term within the meaning of that regulation.”.

(5)

In regulation 25 (further provisions for dependants in respect of the application of old saving provisions)—

(a)

in paragraph (3) at the beginning there shall be inserted “Except in a case where paragraph (3A) applies,”; and

(b)

after paragraph (3) there shall be inserted the following paragraph—

“(3A)

The exception referred to in paragraph (3) applies only where the person—

(a)

has been determined to be a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995; and

(b)

is not entitled to incapacity benefit on any day in a period falling within a linking term within the meaning of that regulation.”.

(6)

In regulation 28(1) (transitional provisions for an increase of severe disablement allowance for adult dependants) for “regulation 24(2) to (7)” there shall be substituted “regulation 24(2) to (7A)”.

(7)

In regulation 31(5)(c)^f3 (application of the new tests of incapacity for work) after “spell” there shall be inserted “or period”.

Annotations

Commencement

I1: Reg. 3 in operation at 5.10.1998, see reg. 1(1)

Footnotes

f1: S.R. 1995 No. 35; relevant amending regulations are S.R. 1995 No. 149 and S.R. 1996 No. 601
f2: Regulation 17A was inserted by regulation 3(3) of S.R. 1995 No. 149
f3: Regulation 31 was amended by regulation 3(8) of S.R. 1995 No. 149 and regulation 3(5) of S.R. 1996 No. 601