Statutory Instrument 2000 No. 3120

      The Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000

      © Crown Copyright 2000

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000, ISBN 0 11 018826 8. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

STATUTORY INSTRUMENTS

2000 No. 3120

SOCIAL SECURITY

The Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000

  Made 22nd November 2000 
  Coming into force 6th April 2001 

Whereas a draft of this instrument was laid before Parliament in accordance with section 176(1)(a) of the Social Security Contributions and Benefits Act 1992[1] and approved by resolution of each House of Parliament:

     Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 22(5), 30A(2A), (6) and (7), 30C(3), 30DD, 122(1) and 175(2) to (4) of, and paragraph 2(8) of Schedule 3 to, the Social Security Contributions and Benefits Act 1992[2], sections 5(1)(i) and (r), 71(7) and (8) and 189(4) to (6) of the Social Security Administration Act 1992[3] and section 85(6) of the Welfare Reform and Pensions Act 1999[4] and of all other powers enabling him in that behalf, by this instrument which contains only regulations made by virtue of, and consequential upon, sections 62 to 64 of the Welfare Reform and Pensions Act 1999 and which is made before the end of the period of six months beginning with the coming into force of those provisions[5], hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000 and shall come into force on 6th April 2001.

Amendment of the Social Security (Incapacity Benefit) Regulations 1994
     2.  - (1) The Social Security (Incapacity Benefit) Regulations 1994[6] shall be amended in accordance with the following paragraphs of this regulation.

    (2) After regulation 2A of the Social Security (Incapacity Benefit) Regulations 1994[7] (disapplication of section 1(1A) of the Administration Act) there shall be inserted the following - 



    " PART 1A

    CONTRIBUTION CONDITIONS : SUPPLEMENTARY PROVISIONS

    Relaxation of the first contribution condition in certain cases
         2B.  - (1) For the purposes of sub-paragraph (2)(a) of paragraph 2 of Schedule 3 to the Contributions and Benefits Act[8] (first contribution condition) a person who satisfies any of the conditions in paragraph (2) shall be taken to satisfy the first contribution condition if - 

      (a) he paid contributions of a relevant class before the relevant time in respect of any one year; and

      (b) the earnings factor is derived - 

        (i) from earnings, on which primary Class 1 contributions have been paid or treated as paid, which are not less than that year's lower earnings limit multiplied by 25, or

        (ii) from Class 2 contributions multiplied by 25.

        (2) The conditions referred to in paragraph (1) are that - 

      (a) he was a person who, in the relevant tax year before the first day of incapacity for work, was entitled to invalid care allowance under section 70 of the Contributions and Benefits Act[9] or would have been in receipt of the invalid care allowance but for the provision of regulation 4 of the Social Security (Overlapping Benefits) Regulations 1979[10];

      (b) immediately before the first day of incapacity for work, he was a person - 

        (i) who had been engaged in remunerative employment for a period of more than 2 years, and

        (ii) who was entitled to disability working allowance or disabled person's tax credit, as the case may be, under section 129 of the Contributions and Benefits Act[11] throughout that period; or

      (c) he is, on the first day of his incapacity for work, a person who had received incapacity benefit in the last complete tax year immediately preceding the relevant benefit year he again becomes entitled to it.".

    (3) After paragraph (a) of regulation 4(1) of the Social Security (Incapacity Benefit) Regulations 1994[12] (days not to be treated as days of incapacity for work) there shall be inserted - 

      " (aa) a day which is, for the purposes of section 30A(2A)(c) of the Contributions and Benefits Act[13] (period of 196 consecutive days preceding the relevant day), not part of any consecutive days of incapacity;".

    (4) After regulation 4 of the Social Security (Incapacity Benefit) Regulations 1994 (days not to be treated as days of incapacity for work) there shall be inserted - 

    (5) After Part III of the Social Security (Incapacity Benefit) Regulations 1994[14] (rate of incapacity benefit) there shall be inserted - 



Amendment of the Social Security (Claims and Payments) Regulations 1987
     3. Regulation 24 of the Social Security (Claims and Payments) Regulations 1987[31] (incapacity benefit, maternity allowance and severe disablement allowance) shall be amended as follows - 

    (a) in paragraph (1), for the words "and (3)" there shall be substituted ", (3) and (3A)";

    (b) in paragraph (2), for the words "paragraph (3)" there shall be substituted "paragraphs (3) and (3A)";

    (c) after paragraph (3), there shall be inserted - 

        " (3A) Where the amount of incapacity benefit payable after reduction for pension payments under section 30DD of the Social Security Contributions and Benefits Act 1992[32] (including any reduction for other purposes) is less than £5.00 a week, the Secretary of State may direct that it shall be paid (whether in advance or in arrears) at such intervals as may be specified not exceeding 12 months.".

Amendment of the Social Security (Credits) Regulations 1975
     4. The Social Security (Credits) Regulations 1975[33] shall be amended in accordance with the following paragraphs - 

    (a) in regulation 8A(1)[34] (credits for unemployment), the words "Subject to regulation 9," shall be omitted;

    (b) in regulation 8B(1)[35] (credits for incapacity for work), the words "Subject to regulation 9," shall be omitted; and

    (c) regulation 9[36] (crediting of earnings for the purposes of entitlement to short-term incapacity benefit - further conditions) shall be omitted.

Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988
     5. In regulation 5(2) of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988[37] (offsetting prior payment against subsequent award), in Case 3 (child benefit and severe disablement allowance), in heads (a) and (b), after the word "allowance", in the two places it occurs, there shall be inserted "or incapacity benefit for persons incapacitated in youth in accordance with section 30A(1)(b) and (2A) of the Contributions and Benefits Act[38]".

Saving
     6. Where, on any day before the coming into force of these Regulations, a person is entitled to incapacity benefit and continues, on that day or any day immediately after the coming into force of these Regulations, to be entitled to incapacity benefit, whether or not by virtue of section 30C of the Social Security Contributions and Benefits Act 1992[39], the Social Security (Incapacity Benefit) Regulations 1994[40] shall have effect as if these Regulations had not been made.



Signed by authority of the Secretary of State for Social Security.


Hugh Bayley
Parliamentary Under-Secretary of State, Department of Social Security

22nd November 2000


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2946) ("the principal Regulations"), the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) ("the Claims and Payments Regulations"), the Social Security (Credits) Regulations 1975 (S.I. 1975/556) ("the Credits Regulations"), and the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 (S.I. 1988/664) ("the Payments on Account, Overpayments and Recovery Regulations").

The principal Regulations are amended - 

    (a) by introducing Part IA in consequence of section 62 of the Welfare Reform and Pensions Act 1999 (c. 30) (incapacity benefit: restriction to recent contributors) so that those entitled to invalid care allowance, disability working allowance or disabled person's tax credit will continue to meet the old first contribution condition (regulation 2(2));

    (b) so that certain days may be treated or not treated as days of incapacity (regulation 2(3) and (4));

    (c) by introducing in consequence of - 

      (i) section 63 of the Welfare Reform and Pensions Act 1999 (incapacity benefit: reduction for pension payments) Part V which makes provision for: defining and including permanent health insurance as pension payment; the disregard of certain pension payments; the date from which pension payment is to be taken into account; the date from which a change in rate of the pension takes effect; the pension payments made other than weekly; priority of pension payment deductions; and the exemption for those entitled to the highest rate care component of disability living allowance (regulation 2(5)), and

      (ii) section 64 of the Welfare Reform and Pensions Act 1999 (incapacity benefit: persons incapacitated in youth) Part IV which makes provision for: circumstances in which the age limit of 20 may be extended to 25; the conditions as to presence or residence in Great Britain; the circumstances in which a person is or is not to be treated as receiving full-time education; the circumstances in which a previous claimant who does not satisfy the age condition becomes again entitled; and the circumstances in which a person formerly entitled to severe disablement allowance is transferred to incapacity benefit (regulation 2(5)).

The Claims and Payments Regulations are amended to make consequential provision so that small amounts of incapacity benefit, after reduction for pension payment, may be paid at longer intervals (regulation 3).

The Credits Regulations are amended to make consequential provision by revoking regulation 9 and to make amendments consequential on that revocation (regulation 4).

The Payments on Account, Overpayments and Recovery Regulations are amended to make consequential provision so that subsequent payment of incapacity benefit to a person incapacitated in youth is to be offset against child benefit paid in respect of him for the same period, and vice versa (regulation 5).

These Regulations also make saving provision (regulation 6).

An assessment of the impact on business of the measures arising from these Regulations, which was made during the course of the passage through Parliament of the Welfare Reform and Pensions Act 1999, is detailed in the Regulatory Impact Assessment of that Act. A copy of the Assessment has been placed in the libraries of both Houses of Parliament. Copies of the Assessment are available from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, The Adelphi, 1-11 John Adam Street, London WC2N 6HT.

Notes:

 [1] 1992 c. 4. The reference to section 30DD(5)(b) and (c) was inserted into section 176(1)(a) by paragraph 25 of Part II of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c. 30).back

[2] 1992 c. 4. Section 22(5) was amended by paragraph 22 of Schedule 2 to the Jobseekers Act 1995 (c. 18). Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18) ("the Incapacity for Work Act") and amended by section 64 of the Welfare Reform and Pensions Act 1999 (c. 30) ("the Welfare Reform and Pensions Act"). Section 30C was inserted by section 3(1) of the Incapacity for Work Act and amended by paragraphs 1(b) and 2(a) of the Tax Credits Act 1999 (c. 10). Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act and paragraph 2(8) of Schedule 3 was inserted by section 62(4) of the Welfare Reform and Pensions Act. Section 175 was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 122(1) is cited because of the meaning assigned to the word "prescribe".back

[3] 1992 c. 5. Section 5 was amended by paragraph 39 of Schedule 2 to the Jobseekers Act 1995 (c. 18), section 120 of, and paragraph 3(2) of Schedule 13 to, the Housing Act 1996 (c. 52), section 74 of, and paragraph 79 of Schedule 7 to, the Social Security Act 1998 (c. 14) and paragraphs 1 and 3(a) of Schedule 1 to the Tax Credits Act 1999 (c. 10). Section 189(4) to (6) was amended by paragraph 109 of Schedule 7 to that Social Security Act 1998.back

[4] 1999 c. 30.back

[5] See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5) and section 91(3) of the Welfare Reform and Pensions Act 1999 (c. 30).back

[6] S.I. 1994/2946.back

[7] Regulation 2A was inserted by S.I. 1997/2676.back

[8] 1992 c. 4. Sub-paragraph (2)(a) of paragraph 2 of Schedule 3 was inserted by section 62(2) of the Welfare Reform and Pensions Act 1999 (c. 30).back

[9] Section 70 was amended by S.I. 1994/2556.back

[10] S.I. 1979/597. Regulation 4 was amended by S.I. 1984/1303, 1992/3194, 1995/829 and 1996/1345 and 3209. See paragraph 11 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c. 6) in relation to the repeal of section 18 of the Social Security Act 1986 (c. 50) which amended regulation 4.back

[11] Section 129 was amended by sections 1 and 14 of the Tax Credits Act 1999 (c. 10).back

[12] S.I. 1994/2946. Regulation 4 was amended by S.I. 1999/2226 and 2000/678.back

[13] 1992 c. 4. Section 30A(1)(b) and (2A) were inserted by section 64 of the Welfare Reform and Pensions Act 1999 (c. 30).back

[14] S.I. 1994/2946.back

[15] 1992 c. 4. Section 30A(1) was amended by section 64(1) of the Welfare Reform and Pensions Act 1999 (c. 30) and section 30A(2A) was inserted by section 64(3) of that Welfare Reform and Pensions Act.back

[16] 1999 c. 33.back

[17] S.I. 1976/965. Regulation 9 was amended by S.I. 1984/337 and 1996/1803.back

[18] Section 120 was amended by Schedule 7 to the Social Security Act 1998 (c. 14) and Schedules 3 and 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).back

[19] See regulation 85 of the Social Security (Contributions) Regulations 1979 (S.I. 1979/591 as amended by S.I. 1982/1738).back

[20] S.I. 1979/591.back

[21] OJ No. LI.3.1.1994, p. 3.back

[22] Article 310 EC (ex Article 238).back

[23] OJ No. C340, 10.11.97, p. 1.back

[24] 1971 c. 77.back

[25] Section 30A(7) was inserted by section 64(5) of the Welfare Reform and Pensions Act 1999 (c. 30).back

[26] Section 30A(6) was inserted by section 64(5) of the Welfare Reform and Pensions Act 1999 (c. 30).back

[27] Section 5 was substituted by paragraph 1 of Schedule 9 to the Welfare Reform and Pensions Act 1999 (c. 30).back

[28] Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c. 30).back

[29] Section 68(10A) was inserted by section 9(2) of the Social Security (Incapacity for Work) Act 1994 (c. 18).back

[30] Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c. 30).back

[31] S.I. 1987/1968. Regulation 24 was amended by S.I. 1994/2943 and 1996/1460.back

[32] 1992 c. 4. Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c. 30).back

[33] S.I. 1975/556.back

[34] Regulation 8A was inserted by S.I. 1996/2367.back

[35] Regulation 8B was inserted by S.I. 1996/2367.back

[36] Regulation 9 was substituted by S.I. 1996/2367 and amended by S.I. 1999/568 and 2566.back

[37] S.I. 1988/664. Regulation 5(2) was amended by S.I. 1999/1958, 2422, 2793, 2860 and 3178.back

[38] 1992 c. 4. Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18), and section 64(1) of the Welfare Reform and Pensions Act 1999 (c. 30) amended subsection (1) and inserted subsection (2A).back

[39] 1992 c. 4. Section 30C was inserted by section 3 of the Social Security (Incapacity for Work) Act 1994 (c. 18).back

[40] S.I. 1994/2946.back


ISBN 0 11 018826 8


 

Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
 © Crown copyright 2000
Prepared 30 November 2000