PART IVConsequential Amendments

The Social Security (Incapacity Benefit) (Transitional) Regulations 19957

The Social Security (Incapacity Benefit) (Transitional) Regulations 199517 shall be amended as follows—

a

in regulation 31(1)—

i

for the words “the all work test shall apply to him” there shall be substituted the words “the question of whether he is capable or incapable of work shall fall to be determined in accordance with the personal capability assessment”;

ii

for the words “that test” there shall be substituted “that assessment”; and

iii

for the words “(the all work test)” there shall be substituted “(the personal capability assessment)”;

b

in regulation 31(3) for the words “shall be treated as having satisfied” to the end there shall be substituted “shall be treated as being incapable of work in accordance with regulations made under section 171C of the 1992 Act (the personal capability assessment)”; and

c

in regulation 32 the words “(period after which the all work test applies)” shall be omitted.