|
|
|
|
|
|
|
Navigation
News
|
 |
Statutory Instrument 1998 No. 2231The Social Security (Welfare to Work) Regulations 1998(The document as of February, 2008) STATUTORY INSTRUMENTS1998 No. 2231The Social Security (Welfare to Work) Regulations 1998
The Secretary of State for Social Security, in exercise of the powers conferred by sections 30C(4)(b), 47(6), 68(11)(b)(i), (ca) and (cc), 123(1)(d) and (e), 131(10), 135(1), 137(1), 171A, 171C, 171D, 171E, 171G(2) and 175(1) to (4) of, and paragraph 1 of Schedule 11 to, the Social Security Contributions and Benefits Act 1992[1], sections 4 and 12 of the Social Security (Incapacity for Work) Act 1994[2], section 4(5) of the Jobseekers Act 1995[3] and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[4], and agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it[5], hereby makes the following Regulations: Citation and commencement 1.These Regulations may be cited as the Social Security (Welfare to Work) Regulations 1998 and shall come into force on 5th October 1998. Amendment of the Social Security (Incapacity Benefit) Regulations 1994 2.After regulation 5 of the Social Security (Incapacity Benefit) Regulations 1994[6] (night workers) there shall be inserted-
5A.For the purposes of incapacity benefit, in the case of a person who has been determined in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 as a welfare to work beneficiary, section 30C(1)(c) of the Contributions and Benefits Act (any two periods of incapacity for work not separated by a period of more than 8 weeks shall be treated as one period of incapacity for work) shall have effect as if for the reference to 8 weeks there were substituted a reference to 52 weeks."[7]. Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
17B.For the purposes of transitional cases, where a person, to whom regulation 17(1) (transitional awards of long-term incapacity benefit) or regulation 17A (awards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link) applies, has been determined in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 to have become a welfare to work beneficiary, section 30C(1)(c) of the 1992 Act (any two periods of incapacity for work not separated by a period of more than 8 weeks shall be treated as one period of incapacity for work) shall have effect as if for the reference to 8 weeks there were substituted a reference to 52 weeks.". (3) In regulation 23 (increase of Category A retirement pension for incapacity)-
(b) at the end, there shall be inserted-
(4) In regulation 24 (increase of rate of long-term incapacity benefit for dependants in transitional cases)-
(b) after paragraph (7), there shall be inserted-
(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.". (5) In regulation 25[10] (further provisions for dependants in respect of the application of old saving provisions)-
(b) after paragraph (3), there shall be inserted-
(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.". (6) In regulation 28 (transitional provisions for an increase of severe disablement allowance for adult dependants), in paragraph (1), for the words "regulation 24(2) to (7)" there shall be substituted the words "regulation 24 (2) to (7A)".
13A. - (1) Subject to paragraph (3), a person is a "welfare to work beneficiary" on any day in a linking term, where he-
(b) ceased to be entitled to the benefit at the end of that immediate past period of incapacity for work on a day which falls on or after 5th October 1998; (c) became engaged in remunerative work within one week of so ceasing to be entitled to that benefit at the end of that immediate past period of incapacity for work; and (d) either-
(ii) had successfully appealed against an assessment made in respect of the all work test or a determination in respect of the own occupation test in relation to his immediate past period of incapacity for work, which period, had that assessment or determination not been made, would have consisted of a period of incapacity for work of more than 196 days. (2) A welfare to work beneficiary shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total, beginning within the linking term and ending on a day not later than 13 weeks from the end of that linking term, where he-
(b) submits evidence in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976[13]; and (c) in his immediate past period of incapacity for work-
(ii) had been treated under regulation 10 (certain persons with a severe condition to be treated as incapable of work) as incapable of work. (3) a person is not a welfare to work beneficiary under paragraph (1) if-
(b) his immediate past period of incapacity for work ended within a period of less than 28 weeks from the end of his last linking term. (4) For the purposes of this regulation-
(b) attendance on a training course in respect of which the person receives a training allowance in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973[16] or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990[17]." . (3) In regulation 17(2)(b)[18] (exempt work), the words "or (b)" shall be omitted.
(3) In regulation 10[21] (adjudication)-
(b) after paragraph (2A) there shall be inserted-
Amendment of the Statutory Sick Pay (General) Regulations 1982
Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979
3A.Section 47(1) of the Social Security Contributions and Benefits Act 1992[25] (increase of Category A retirement pension for long-term incapacity) shall have effect, in any case where a person is treated in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 as a welfare to work beneficiary, as if for the reference to 8 weeks there were substituted a reference to 52 weeks.". Amendment of the Council Tax Benefit (General) Regulations 1992 8.The Council Tax Benefit (General) Regulations 1992[26] shall be amended in accordance with the following paragraphs-
(5) A person is a welfare to work beneficiary if he is a person-
(b) who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992[27]."; (b) in paragraph 13 of Schedule 1 after sub-paragraph (7) the following sub-paragraph shall be added-
(b) the reference to a period of 56 days in sub-paragraph (6) shall in each case be treated as a reference to a period of 52 weeks.". Notes: [1] 1992 c. 4. Section 30C was inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 68 was amended by section 9 of, and paragraph 18 of Schedule 1 to, that Act. Section 123(1)(d) was inserted, section 131 was substituted, and section 137 was amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c. 14). Sections 171A and 171C were inserted by section 5, and sections 171D, 171E and 171G were inserted by section 6(1), of the Social Security (Incapacity for Work) Act. Sections 171G(2) and 137(1) are cited because of the meaning assigned to the word "prescribed".back [2] 1994 c. 18.back [3] 1995 c. 18.back [4] See the Social Security Administration Act 1992 (c. 5), section 176(1).back [5] See the Social Security Administration Act 1992 (c. 5), section 173(1)(b).back [6] S.I. 1994/2946.back [7] S.I. 1995/311; regulation 13A is inserted by regulation 4 of these Amending Regulations.back [8] S.I. 1995/310.back [9] Regulation 17A was inserted by S.I. 1995/987.back [10] Regulation 25 was amended by S.I. 1995/987.back [11] Regulation 31 was amended by S.I. 1995/987 and 1996/3207.back [12] S.I. 1995/311.back [13] S.I. 1976/615; regulation 2 was amended by S.I. 1982/699, 1987/409, 1992/247, 1994/2975 and 1995/987.back [14] 1995 c. 18.back [15] 1992 c. 4. Section 30C was inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18).back [16] 1973 c. 50.back [17] 1990 c. 35.back [18] Regulation 17 was amended by S.I. 1996/484, 1997/546 and 1998/407.back [19] S.I. 1984/1303.back [20] Regulation 7 was amended by S.I. 1994/2947.back [21] Regulation 10 was amended by S.I. 1986/1933, 1988/1843 and 1997/1009.back [22] S.I. 1982/894; regulation 3 was amended by S.I. 1986/477, 1987/868 and 1994/1367.back [23] Paragraph 2(d) was substituted by paragraph 43(2) of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).back [24] S.I. 1979/642; regulation 3 was amended by S.I. 1989/1642.back [25] 1992 c. 4.back [26] S.I. 1992/1814; relevant amending instruments are S.I. 1993/688, 1994/2137, 1995/560, 626, 2303.back [27] Part XIIA was inserted by sections 5 and 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).back | |
-- Back --