The Social Security (Incapacity Benefit)(Transitional) Regulations 1995

Further provisions for dependants in respect of the application of old saving provisions E+W+S

25.—(1) In relation to transitional cases where the rate of incapacity benefit falls to be calculated by reference to the rate of dependency allowance paid or payable before the appointed day, the old saving provisions referred to in paragraph (2) shall continue to have effect subject to the following provisions of this regulation.

(2) The old saving provisions referred to in paragraph (1) are—

(a) regulation 15 of the Social Security Benefit (Dependency) Regulations 1977 M1 ;

(b) regulation 2 of the Social Security (Savings for Existing Beneficiaries) Regulations 1984 M2 ;

(c) regulation 3 of the Social Security[F1 Benefit] (Dependency) Amendment Regulations 1984 M3 ;

(d) regulation 3 of the Social Security[F1 Benefit] (Dependency) Amendment Regulations 1985 M4 ;

(e) regulation 4 of the Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989 M5 ;

(f) regulation 4 of the Social Security[F1 Benefit] (Dependency) Amendment Regulations 1992 M6 ; and

(g) any administrative provision which before the appointed day enabled a concessionary payment to be made to compensate for non-payment of an increase under Part IV of the 1992 Act as a consequence of any one of the regulations referred to in sub-paragraphs (a) to (f) ceasing to apply to an increase due to attendance on a training course.

(3) [F2 Except in a case where paragraph (3A) applies, the old saving provisions] referred to in paragraph (2) shall cease to have effect when—

(a) no invalidity benefit or long-term incapacity benefit has been paid for at least 57 continuous days; or

(b) no increase is paid for a dependant for a continuous period of at least 57 days in a period of incapacity for work; or

(c) in a case where regulation 4 of the Social Security[F3 Benefit] (Dependency) Amendment Regulations 1992 applies, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days; or

(d) in a case where a concessionary payment was made to compensate for non-payment of an increase under Part IV of the 1992 Act as a consequence of regulation 4 of the Social Security[F3 Benefit] (Dependency) Amendment Regulations 1992 ceasing to apply due to attendance on a training course, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days.

[F4 (3A) The exception referred to in paragraph (3) applies only if the person–

(a) has been determined to be a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995; and

(b) is not entitled to incapacity benefit on any day in a period falling within a linking term within the meaning of regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995.]

(4) Regulation 4 of the Social Security[F5 Benefit] (Dependency) Amendment Regulations 1992 shall not apply in any week to a case where a dependant has earnings which exceed £81.50 per week.

(5) Where an increase is payable as a consequence of a concessionary payment made to compensate for non-payment of an increase under Part IV of the 1992 Act as a consequence of regulation 4 of the Social Security[F5 Benefit] (Dependency) Amendment Regulations 1992 ceasing to apply due to attendance on a training course, no payment shall be made in any week where a dependant has earnings which exceed £81.50 per week.

Textual Amendments

F1 Word in reg. 25(2)(c)(d)(f) inserted (3.4.1995) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1995 (S.I. 1995/987), regs. 1(2), 3(7)

F2 Words in reg. 25(3) substituted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 3(5)(a)

F3 Word in reg. 25(3)(c)(d) inserted (3.4.1995) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1995 (S.I. 1995/987), regs. 1(2), 3(7)

F4 Reg. 25(3A) inserted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 3(5)(b)

F5 Word in reg. 25(4)(5) inserted (3.4.1995) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1995 (S.I. 1995/987), regs. 1(2), 3(7)

Marginal Citations

M1 S.I. 1977/343.

M2 S.I. 1984/1696.

M3 S.I. 1984/1698.

M4 S.I. 1985/1190.

M5 S.I. 1989/1690.

M6 S.I. 1992/3041.