The Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994

Explanatory Note

(This note is not part of the Regulations.)

These regulations provide for matters concerning entitlement to and the rate of incapacity benefit, which was introduced into Part II (contributory benefits) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Act”) by the amendments to that Act made by Articles 3 to 5 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (“the Order”).

Part I of these regulations contains general provisions affecting the citation, commencement and interpretation of these regulations.

Part II contains various provisions affecting entitlement to incapacity benefit. In particular these relate to the calculation of periods of incapacity (regulations 3 to 5) and periods of entitlement to incapacity benefit (regulation 6). This Part also prescribes the limit of permitted earnings from a councillor’s allowance and the method of calculating such earnings (regulations 7 and 8).

Part III contains provision for long-term incapacity benefit to be payable at an increased rate on account of age. Where a person is under the age of 35 on the qualifying date the rate of long-term incapacity benefit is to be increased by £12·15 a week, and where he is over that age but under the age of 45 the rate is to be increased by £6·10 a week (regulation 9).

The qualifying date is normally the first day of the period of incapacity for work in question, but regulations 10, 11 and 12 make special provision for certain persons who have been entitled to receive statutory sick pay from an employer, persons who have been serving members of the forces and widows.

Sections 30B to 30E of the Act are the enabling provisions under which these regulations are made. They are inserted by Articles 4(1) and 5(1) of the Order and are brought into operation, for the purpose only of authorising the making of regulations on 21st November 1994 and for all other purposes on 13th April 1995, by virtue of Article 2(b) of the Social Security (Incapacity for Work) (1994 Order) (Commencement) Order (Northern Ireland) 1994 (S.R. 1994 No. 450 (C. 15)). Since these regulations are made before the end of a period of 6 months from the commencement of the provisions under which they are made, they are accordingly exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.