Welfare Reform and Pensions Act 1999

Part II Incapacity

Social Security Contributions and Benefits Act 1992 (c. 4)

20 The Contributions and Benefits Act has effect subject to the following amendments.

21 In section 21 (contribution conditions)—

(a) in subsection (1), after “other than” insert “short-term incapacity benefit under subsection (1)(b) of section 30A below,” and for “30A below” substitute “subsection (5) of that section”; and

(b) in subsection (2), for “30A” substitute “30A(1)(a)”.

22 In section 30B (incapacity benefit: rate), at the end add—

“(8) This section has effect subject to sections 30DD (reduction for pension payments) and section 30E (reduction for councillor’s allowance) below.”

23 (1) Section 171A (test of incapacity for work) is amended as follows.

(2) After subsection (2) insert—

“(2A) In subsection (2)(a) above the reference to such information or evidence as is there mentioned includes information or evidence capable of being used for assisting or encouraging the person in question to obtain work or enhance his prospects of obtaining it.”

(3) In subsection (3) (requirement to have medical examination), for “a question arises as to” substitute “it falls to be determined”.

(4) After subsection (4) add—

“(5) All information supplied in pursuance of this section shall be taken for all purposes to be information relating to social security.”

24 In section 171B(1) (the “own occupation test”), for “the test applicable is the own occupation test” substitute “the own occupation test is applicable in his case.”

25 In section 176 (parliamentary control), in subsection (1)(a) (regulations subject to affirmative resolution procedure), after “section 28(3);” insert—

“section 30DD(5)(b) or (c);”.