The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006

Amendment of the Social Security (Incapacity for Work) (General) Regulations

12.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(1) shall be amended in accordance with paragraphs (2) to (4).

(2) For regulation 11 (person with an infectious or contagious disease) substitute—

“Person with an infectious or contagious disease

11.— (1) A person shall be treated as incapable of work on any day in respect of which he is—

(a) excluded or abstains from work pursuant to a request or notice in writing lawfully made under a statutory provision; or

(b) otherwise prevented from working pursuant to a statutory provision,

by reason of his being a carrier, or having been in contact with a case, of an infectious disease to which—

(i) section 15(1) of the Public Health Act (Northern Ireland) 1967(2) (power to require person in contact with infectious disease to discontinue employment and compensation therefor) applies,

(ii) regulations 8 and 9 of the Public Health (Aircraft) Regulations (Northern Ireland) 1971(3) (examination, etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply, or

(iii) regulations 9 and 10 of the Public Health (Ships) Regulations (Northern Ireland) 1971(4) (examination, etc., of persons on ships and powers in respect of certain persons on ships) apply.”.

(3) In regulation 13A(5) (welfare to work beneficiary)—

(a) at the end of paragraph (1)(b) insert “and”;

(b) in paragraph (1)(c) for “one week” substitute “one month”;

(c) omit paragraph (1)(d) and the word “and” immediately preceding it;

(d) for paragraph (3) substitute—

“(3) A person is not a welfare to work beneficiary under paragraph (1) if his immediate past period of incapacity for work was ended by a determination, other than a determination in the circumstances set out in paragraph (1) or (3A), that he was, or was treated as, capable of work.”;

(e) after paragraph (3) insert—

“(3A) The circumstances are that the person had successfully appealed against a determination made in respect of the personal capability assessment or the own occupation test in relation to his immediate past period of incapacity for work.”; and

(f) in paragraph (4)—

(i) in the definition of “linking term” for “52 weeks” substitute “104 weeks”; and

(ii) in the definition of “immediate past period of incapacity for work”(6) after “means” insert “the most recent of”.

(4) In regulation 17(3) and (4)(7) (exempt work) for “£81·00” substitute “£86·00”.

(5) In determining whether a person is a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, as amended by paragraph (3), it shall be immaterial whether that person’s immediate past period of incapacity for work ended before or after the coming into operation of that paragraph.

(1)

S.R. 1995 No. 41; relevant amending Regulations are S.R. 1998 No. 324, S.R. 2000 No. 4 and S.R. 2006 No. 150

(2)

1967 c. 36; section 15(1) was amended by paragraph 75(c) of Schedule 16 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) and Article 32(1) and (2)(c) of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))

(3)

S.R. & O. (N.I.) 1971 No 182

(4)

S.R. & O. (N.I.) 1971 No 183

(5)

Regulation 13A was inserted by regulation 4(2) of S.R. 1998 No. 324 and amended by regulation 2(6) of S.R. 2000 No. 4 and regulation 2(2) of S.R. 2006 No. 150

(6)

The definition of “immediate past period of incapacity for work” was substituted by regulation 2(2)(b) of S.R. 2006 No. 150

(7)

Regulation 17 was substituted by regulation 2(4) of S.R. 2006 No. 150