The Social Security (Miscellaneous Amendments) Regulations 2011

Amendments to the Social Security (Incapacity for Work) (General) Regulations 1995

6.—(1) The Social Security (Incapacity for Work) (General) Regulations 1995(1) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 16A,”.

(3) In regulation 16A(2) (persons to be treated as capable of work at the end of the period covered by medical evidence)—

(a) the existing provision becomes paragraph (1);

(b) in paragraph (1)(a) omit “in accordance with regulation 28(2)(a)”; and

(c) after paragraph (1) add—

“(2) In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Social Security (Medical Evidence) Regulations 1976(3).”.

(4) In regulation 17(4) (exempt work)—

(a) in paragraphs (3) and (4), for “£95.00” substitute “16 x National Minimum Wage, subject to paragraph (10),”;

(b) in paragraph (8) after the definition of “less than 16 hours a week” insert—

““National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);”; and

(c) after paragraph (9)(5) add—

“(10) Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of–

(a) less than 50p, that amount shall be rounded up to the nearest 50p; or

(b) less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

(1)

S.I. 1995/311.

(2)

Regulation 16A was inserted by regulation 6(3) of S.I. 2010/840.

(3)

S.I. 1976/615. Paragraphs (1) and (1A) were inserted into regulation 2 by regulation 2(2) of S.I. 2010/137. Regulation 2 has been amended by other instruments but not in a way material to these Regulations. Regulation 5 was inserted by regulation 2 of S.I. 1982/699 and has been amended but not in a way material to these Regulations.

(4)

Regulation 17 was substituted by regulation 4 of S.I. 2006/757. It was last amended by regulation 4 of S.I. 2010/2126.

(5)

Paragraph (9) was added by regulation 6(4)(c) of S.I. 2010/840.