2000 No. 590
The Social Security (Incapacity) Miscellaneous Amendments Regulations 2000
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State for Social Security, in exercise of the powers conferred by sections 135, 171A, 171C, 171D, 171E, 171G(2) and 175(1) to (4) of the Social Security Contributions and Benefits Act 19921, section 4 of the Social Security (Incapacity for Work) Act 19942 and paragraph 3 of Schedule 5 to the Social Security Act 19983 by this Instrument which contains only regulations made by virtue of the provisions of the Welfare Reform and Pensions Act 19994 and which is made before the end of the period of six months beginning with the coming into force of those provisions5 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and Commencement1
These Regulations may be cited as the Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 and shall come into force for the purposes of–
a
this regulation and regulation 3, on 2nd April 2000; and
b
the remainder, on 3rd April 2000.
Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 19952
In regulation 31(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations 19956 (application of the new tests of incapacity for work), for the words “having satisfied the incapacity for work test ” there shall be substituted the words “incapable of work in accordance with the personal capability assessment”.
Amendment of the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 19993
Paragraph (9) of regulation 2 of the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 19997 shall be omitted.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 19954
The Social Security (Incapacity for Work) (General) Regulations 19958 shall be amended as follows–
a
in regulation 17A9 (person who claims unemployment benefit to be treated as capable of work), there shall be substituted–
i
for the words “Where the all work test applies” the words “Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”, and
ii
for the words “satisfies that test” the words “incapable of work in accordance with that assessment”;
b
in paragraphs (2)(b) and (c) of regulation 2710 (exceptional circumstances) for the words “all work test” there shall be substituted the words “personal capability assessment”.
Amendment of the Income Support (General) Regulations 19875
In paragraph (3) of regulation 22A of the Income Support (General) Regulations 198711 (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work), for the words from “made” to “claimant” there shall be substituted the words “ the first determination made in accordance with, the all work test before 3rd April 2000 or, after that date, the personal capability assessment, in relation to the claimant”.
Amendment of the Social Security (Medical Evidence) Regulations 19766
The Social Security (Medical Evidence) Regulations 197612 shall be amended as follows–
a
in regulation 213–
i
in paragraph (1), for the words “all work test” there shall be substituted the words “personal capability assessment”, and
ii
in paragraph (1)(c), for the words “where the all work test applies ” there shall be substituted the words “where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”;
b
in Part II of Schedule 1B (form of doctor’s statement), for the words “ all work assessment” there shall be substituted “personal capability assessment”.
Signed by authority of the Secretary of State for Social Security.
(This note is not part of the Regulations)