The Social Security (Incapacity Benefit)(Transitional) Regulations 1995
PART I INTRODUCTION
1 Citation, commencement and interpretation
PART II PROVISIONS COMMON TO THE TRANSITION TO INCAPACITY BENEFIT FROM SICKNESS BENEFIT AND INVALIDITY BENEFIT
2 Days to be treated as days of incapacity for work
3 Linking periods of interruption of employment and periods of incapacity for work
4 Calculation of days in a period of incapacity for work
5 Claims for sickness benefit or invalidity benefit made on or after the appointed day
6 Interchange of sickness benefit and invalidity benefit with claims for other benefits
7 Persons deemed to be incapable of work
8 Direct credit transfer
9 Disqualification
10 Suspension of payment of transitional awards
PART III PROVISIONS FOR THE TRANSITION TO INCAPACITY BENEFIT FROM SICKNESS BENEFIT
11 Transitional awards of short-term incapacity benefit
12 Special provision for persons entitled to short-term incapacity benefit on termination of employment after a period of entitlement to disability working allowance
13 Special provisions for persons entitled to short-term incapacity benefit on termination of a period engaged in training for work
14 Contribution conditions of short-term incapacity benefit in respect of an industrial injury
15 Increase of rate of a transitional award of short-term incapacity benefit for adult dependants
16. Where Transitional provision for the treatment of earnings in respect of increases of short-term incapacity benefit for dependants
PART IV PROVISIONS FOR THE TRANSITION TO INCAPACITY BENEFIT FROM INVALIDITY BENEFIT
17 Transitional awards of long-term incapacity benefit
17AAwards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link
17BCalculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases
18Rate of long-term incapacity benefit in transitional cases
19 Special provisions for persons entitled to long-term incapacity benefit on termination of a period of entitlement to disability working allowance
20 Special provisions for persons entitled to long-term incapacity benefit on termination of a period engaged in training for work
21 Special provisions for persons entitled to long-term incapacity benefit in respect of an industrial injury
22 Effect of entitlement to guaranteed minimum pensions on payment of the additional rate element in a transitional case of long-term incapacity benefit
23 Increase of Category A retirement pension for incapacity
24 Increase of rate of long-term incapacity benefit for dependants in transitional cases
25 Further provisions for dependants in respect of the application of old saving provisions
26. Where Transitional provision for the treatment of earnings in respect of increases of long-term incapacity benefit for dependants.
PART V MISCELLANEOUS TRANSITIONAL PROVISIONS
27 Transition from a six day benefit to a seven day benefit
28 Transitional provisions for an increase of severe disablement allowance for adult dependants
28ATransitional provision for entitlement to severe disablement allowance where a person has been engaged in training for work
PART VI PROVISIONS FOR THE TRANSITION TO THE NEW TESTS OF INCAPACITY FOR WORK
29 Transitional awards of incapacity benefit
30 Transitional provision in respect of other benefits
31 Application of the new tests of incapacity for work
32 Treatment of days of incapacity arising before the appointed day

1995 No. 310

SOCIAL SECURITY

The Social Security (Incapacity Benefit)(Transitional) Regulations 1995

Made

Coming into force

Whereas a draft of these Regulations was laid before Parliament in accordance with the provisions of sections 4(12) and 7(5) of the Social Security (Incapacity for Work) Act 1994M1 and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 4, 7 and 12(1) of the Social Security (Incapacity for Work) Act 1994M2 and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 6 months beginning with the coming into force of those enactmentsM3, hereby makes the following Regulations:C1

Annotations:
Modifications etc. (not altering text)
Marginal Citations
M2

Sections 4(2) and 7(2) are cited because of the meaning ascribed to the word “prescribed".

M3

See section 173(5)(a) of the Social Security Administration Act 1992 (c. 5.). This provides that regulations made before the end of six months from the coming into force of the enactment under which they are made are not required to be referred to the Social Security Advisory Committee.