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(5) Any provision of this Act apart from subsection (4) above under or by virtue of which a day is or is not to be treated for any purpose as a day of incapacity for work shall be disregarded for the purposes of this section.
(6) Provision may be made by regulations defining for the purposes of this section what is meant by “remunerative work”.
The regulations may, in particular, provide—
(a) for “remunerative work” to be defined by reference to the number of hours worked per week; and
(b) for training of any prescribed description to be treated as if it were remunerative work.
(7) Provision may be made by regulations as to the application of this section in cases where a person engages in more than one occupation or in different kinds of work.
(8) The Secretary of State may by regulations provide that subsection (3) above shall have effect as if—
(a) the reference there to 4 consecutive days were to such lesser number of days, whether consecutive or not, within such period of consecutive days as may be prescribed; and
(b) for the reference to 8 weeks there were substituted a reference to such larger number of weeks as may be prescribed.
(1) Where in any case the own occupation test is not applicable, or has ceased to apply, the test applicable is the all work test.
(2) Provision shall be made by regulations—
(a) defining the all work test by reference to the extent of a person’s incapacity by reason of some specific disease or bodily or mental disablement to perform such activities as may be prescribed, and
(b) as to the manner of assessing whether the all work test is satisfied.
(3) Regulations may provide that where the all work test applies the test shall, if the prescribed conditions are met, be treated as satisfied until the person has been assessed or he falls to be treated as capable of work in accordance with regulations under section 171A(2) or (3) above or section 171E below.
The prescribed conditions may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question is or is to be treated as capable of work.”.
(1) In the [1992 c. 4.] Social Security Contributions and Benefits Act 1992, after the sections inserted by section 5 above, insert—
(1) Regulations may provide that a person shall be treated as capable of work, or as incapable of work, in such cases or circumstances as may be prescribed.
(2) Regulations may, in particular, provide that a person shall be treated as capable of work if he does work of a prescribed description, or more than the prescribed amount of work of a prescribed description.
Accordingly regulations may provide that a person shall not be treated as capable of work by reason only of his doing such work as may be prescribed, or no more than the prescribed amount of work of a prescribed description.
(1) Regulations may provide for disqualifying a person for receiving any benefit, allowance or other advantage under any provision for the purposes of which this Part of this Act applies, or, in such cases as may be prescribed, provide that a person shall be treated as capable of work, if—
(a) he has become incapable of work through his own misconduct;
(b) he fails without good cause to attend for or submit himself to such medical or other treatment as may be required in accordance with the regulations; or
(c) he fails without good cause to observe any prescribed rules of behaviour.
(2) Regulations shall provide that any such disqualification shall be, or as the case may be that the person shall be treated as capable of work, for such period not exceeding 6 weeks as may be determined in accordance with Part II of the Administration Act.
(3) Regulations may prescribe for the purposes of this section—
(a) matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission, or
(b) circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission.
(1) In determining whether a person is capable or incapable of work, there shall be disregarded any work which that person has undertaken as a councillor.
(2) For this purpose “councillor” means—
(a) in relation to England and Wales, a member of a London borough council, a county council, a district council, a parish or community council, the Common Council of the City of London or the Council of the Isles of Scilly; and
(b) in relation to Scotland, a member of a regional, islands or district council.
(3) The reference in subsection (1) above to the work which a person undertakes as a councillor shall be taken to include any work which he undertakes as a member of any of the bodies referred to in section 177(1) of the Local Government Act 1972, or section 49(1) or (1A) of the Local Government (Scotland) Act 1973, of which he is a member by virtue of his being a councillor.
(4) In making any such determination as is mentioned in subsection (1) above a person shall be treated as having been incapable of work on any day which falls in the pre-commencement period and which—
(a) would have been treated as a day on which he was so incapable, were there disregarded any work which he undertook (or was capable of undertaking) as a councillor; but
(b) would not have been so treated apart from this subsection.
The “pre-commencement period” means the period beginning with 11th May 1987 and ending immediately before 9th October 1989 (the coming into force of paragraph 2 of Schedule 8 to the Social Security Act 1989 which made provision corresponding to the provision made by this section).
(1) The provisions of this Part of this Act do not apply—
(a) for the purposes of Part V of this Act (benefit for industrial injuries: see section 94(6) above);
(b) for the purposes of Part XI of this Act (statutory sick pay: see section 151(4) above); or
(c) for such other purposes as may be prescribed.
(2) In this Part of this Act—
“prescribed” means specified in or determined in accordance with regulations; and
“week” means any period of 7 days.”.
(2) In Part II of the [1992 c. 5.] Social Security Administration Act 1992 (adjudication), after section 61 insert—
(1) The following provisions apply in relation to the determination, for any purpose for which the provisions of Part XIIA of the Contributions and Benefits Act apply, whether a person—
(a) is, or is to be treated as, capable or incapable of work, or
(b) falls to be disqualified for any period in accordance with regulations under section 171E of that Act,
and to the determination for any such purpose of such other related questions as may be prescribed.
(2) Provision may be made by regulations for a determination made for one such purpose to be treated as conclusive for another such purpose.
Regulations may in particular provide that a determination that a person is disqualified for any period in accordance with regulations under section 171E of the Contributions and Benefits Act shall have effect for such purposes as may be prescribed as a determination that he is to be treated as capable of work for that period, and vice versa.
(3) Provision may be made by regulations for questions of such descriptions as may be prescribed to be determined by an adjudication officer, notwithstanding that other questions fall to be determined by another authority.
(4) Provision may be made by regulations—
(a) requiring a social security appeal tribunal to sit with one or more medical assessors in such classes of case as may be prescribed, and
(b) as to the constitution of panels of medical practitioners to act as medical assessors in such cases;
and regulations under this subsection may confer on the President, or such other person as may be prescribed, such functions as may be prescribed.”.
(3) For the period of four years from Royal Assent a statutory instrument which contains (whether alone or with other provisions) any regulations made under any of the following provisions shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House—
(a) in the [1992 c. 4.] Social Security Contributions and Benefits Act 1992—
section 171A(2), (3), or (4),
section 171B(4)(d), (6), (7) or (8),
section 171C(2) or (3),
section 171D,
section 171E(1), (2) or (3), or
section 171G(1)(c);
(b) in the [1992 c. 5.] Social Security Administration Act 1992, section 61A(2), (3) or (4).
(1) The Secretary of State may by regulations make such provision as appears to him to be necessary or expedient for the purposes of, or in connection with, the transition to the test of incapacity for work provided for by sections 5 and 6 above.
Nothing in the following provisions of this section shall be construed as restricting the generality of that power.
(2) In this section—
“commencement” means the commencement of those sections; and
“prescribed” means prescribed by regulations under this section.
(3) Regulations under this section may provide—
(a) that days of incapacity for work before commencement, and such other days as may be prescribed, shall be taken into account for the purposes of section 171B(3) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (period after which the all work test applies);
(b) that a person’s continued enjoyment after commencement of any allowance or other advantage under any provision for the purposes of which Part XIIA of the Social Security Contributions and Benefits Act 1992 applies shall, except as may be prescribed, be subject to satisfying the test of incapacity for work under that Part; and
(c) for the determination in accordance with that Part of the question whether the person is incapable of work.
(4) Section 175(2) to (4) of the Social Security Contributions and Benefits Act 1992 (general provisions as to regulations and orders) apply in relation to the power conferred by subsection (1) above as they apply in relation to a power conferred by that Act to make regulations.
(5) For the period of four years from Royal Assent a statutory instrument which contains (whether alone or with other provisions) any regulations under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
(6) A statutory instrument—
(a) which contains (whether alone or with other provisions) any regulations made under this section, and
(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In section 157(1) of the Social Security Contributions and Benefits Act 1992 (statutory sick pay: rates of payment), for the words following “at the weekly rate of” substitute “£52.50”.
(2) Any order under section 150 of the [1992 c. 5.] Social Security Administration Act 1992 (up-rating orders) made by the Secretary of State before the commencement of this section shall include provision making such increase (if any) in the sum specified in the amendment made by subsection (1) above as the amount of statutory sick pay as is necessary to make that sum equal to the higher rate of statutory sick pay payable after the order comes into force.
(3) In subsection (2) of section 157 of the Social Security Contributions and Benefits Act 1992 (power to make provision by order as to rates of payment, &c.), for paragraph (a) substitute—
“(a) amend subsection (1) above so as to substitute different provision as to the weekly rate or rates of statutory sick pay; and”.
(4) In sections 155(4) and 158(2)(b) of that Act for “the appropriate weekly rate set out in” substitute “the weekly rate applicable in accordance with”.
(1) Section 68 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (severe disablement allowance) is amended as follows.
(2) After subsection (10) insert—
“(10A) Where—
(a) a person becomes engaged in training for work, and
(b) he was entitled to a severe disablement allowance for one or more of the 56 days immediately before he became so engaged, and
(c) the first day after he ceases to be so engaged is for him a day on which he is incapable of work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to a severe disablement allowance,
any day since that day in which he was engaged in training for work shall be treated for the purposes of any claim for a severe disablement allowance as having been a day on which he was both incapable of work and disabled.
In this subsection “training for work” means training for work in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or training of such other description as may be prescribed.”.
(3) In subsection (11) (regulation-making powers), after paragraph (c) insert—
“(cc) may prescribe evidence which is to be treated as establishing that a person suffers from loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.;”.
(4) In section 150 of the [1992 c. 5.] Social Security Administration Act 1992 (annual up-rating of benefits), in subsection (3) (sums subject to mandatory up-rating), in paragraph (a) for “paragraph 1, 2, 4, 5 or 6 of Part III” substitute “paragraphs 1 to 6 of Part III”.
(1) Section 129 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (disability working allowance) is amended as follows.
(2) In subsection (1) (conditions of entitlement) for “qualifies under subsection (2) below” substitute “qualifies under subsection (2) or (2A) below”.
(3) After subsection (2) insert—
“(2A) A person qualifies under this subsection if—
(a) on one or more of the 56 days immediately preceding the date when the claim for a disability working allowance is made or is treated as made he was engaged in training for work and
(b) a relevant benefit was payable to him for one or more of the 56 days immediately preceding—
(i) the first day of training for work falling within the 56 days mentioned in paragraph (a) above or
(ii) an earlier day of training for work which formed part of the same period of training for work as that day.
(2B) For the purposes of subsection (2A) above—
(a) the following are relevant benefits—
(i) the higher rate of short-term incapacity benefit
(ii) long-term incapacity benefit
(iii) a severe disablement allowance,
or a corresponding benefit under any enactment having effect in Northern Ireland;
(b) “training for work” means training for work in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or training of such other description as may be prescribed; and
(c) a period of training for work means a series of consecutive days of training for work, there being disregarded for this purpose such days as may be prescribed.”.
(1) The enactments mentioned in Schedule 1 have effect subject to the amendments specified there which are consequential on the provisions of this Act.
Part I contains amendments of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992; and
Part II contains amendments of the [1992 c. 5.] Social Security Administration Act 1992 and certain other enactments.
(2) The enactments mentioned in Schedule 2 are repealed to the extent specified.
(1) The Secretary of State may by regulations make such transitional provision, and such consequential provision or savings, as appear to him to be necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in force.
(2) The power conferred by subsection (1) above is not exercisable in respect of any matter for which provision may be made under section 4 (power to provide for transition to incapacity benefit) or section 7 (power to provide for the transition to new test of incapacity for work).
(3) Section 175(2) to (4) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (general provisions as to regulations and orders) apply in relation to the power conferred by subsection (1) above as they apply in relation to a power conferred by that Act to make regulations.
(4) A statutory instrument—
(a) which contains (whether alone or with other provisions) any regulations made under this section, and
(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The amendments of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 made by this Act shall be treated as repealing and re-enacting with modifications the provisions of that Act relating to incapacity for work, so that, subject to any amendment, repeal or revocation—
(a) any reference in any enactment to any such provision shall be construed as a reference to the corresponding new provision or, as the case may be, to the provision as amended by this Act; and
(b) subordinate legislation made under any such provision—
(i) shall continue in force and have effect as if made under the corresponding new provision or, as the case may be, the provision as amended by this Act, and
(ii) shall be construed as if originally so made.
(2) In any enactment, subject to any amendment—
(a) any reference to sickness benefit shall be construed as a reference to short-term incapacity benefit at the lower rate, and
(b) any reference to invalidity benefit or invalidity pension shall be construed as a reference to short-term incapacity benefit at the higher rate or long-term incapacity benefit.
(3) In this section “enactment” includes an enactment contained in subordinate legislation, and “subordinate legislation” has the meaning given by section 21(1) of the [1978 c. 30.] Interpretation Act 1978.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be paid out of money provided by Parliament—
(a) any expenses incurred by a Minister of the Crown in consequence of this Act; and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(1) This Act may be cited as the Social Security (Incapacity for Work) Act 1994.
(2) The following provisions of this Act come into force on Royal Assent—
section 14 (corresponding provision for Northern Ireland),
section 15 (expenses), and
this section.
(3) The other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions and for different purposes.
(4) Section 14 above, subsections (1) and (2) above and this subsection extend to Northern Ireland, but otherwise this Act does not extend there.
Social Security (Incapacity for Work) Act 1994