Part IVMiscellaneous and supplemental

77Pilot schemes

(1)

Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.

(2)

Any regulations which, by virtue of subsection (1) above, are to have effect for a limited period are referred to in this section as “a pilot scheme”.

(3)

A pilot scheme may provide that its provisions are to apply only in relation to—

(a)

one or more specified areas or localities;

(b)

one or more specified classes of person;

(c)

persons selected—

(i)

by reference to prescribed criteria; or

(ii)

on a sampling basis.

(4)

A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5)

A pilot scheme (“the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

(6)

In so far as a pilot scheme would, apart from this subsection, have the effect of—

(a)

treating as capable of work any person who would not otherwise be so treated; or

(b)

reducing the total amount of benefit that would otherwise be payable to any person,

it shall not apply in relation to that person.

(7)

Subsection (1) above applies to—

(a)

regulations made under section 171D of the Contributions and Benefits Act (incapacity for work: persons treated as incapable of work); and

(b)

in so far as they are consequential on or supplementary to any such regulations, regulations made under any of the provisions mentioned in subsection (8) below.

(8)

The provisions are—

(a)

subsection (5)(a) of section 22 of the Contributions and Benefits Act (earnings factors);

(b)

section 30C of that Act (incapacity benefit);

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

subsection (1)(e) of section 124 of that Act (income support) and, so far as relating to income support, subsection (1) of section 135 of that Act (the applicable amount);

(e)

Part XIIA of that Act (incapacity for work);

(f)

section 61A of the Administration Act and section 31 above (incapacity for work).

(9)

A statutory instrument containing (whether alone or with other provisions) a pilot scheme shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.