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Statutory Instrument 1999 No. 3109The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999(The document as of February, 2008) STATUTORY INSTRUMENTS1999 No. 3109SOCIAL SECURITYThe Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999
The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 171A, 171C, 171D, 171G(2) and 175(2) to (4) of the Social Security Contributions and Benefits Act 1992[1] and sections 61 and 85(6) of the Welfare Reform and Pensions Act 1999[2], by this Instrument which contains only regulations made by virtue of or consequential upon the provisions 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[3], and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 and shall, subject to paragraph (2), come into force on 3rd April 2000. (2) This regulation and regulation 2(2)(a) and (c) shall come into force on 13th December 1999. (3) In these Regulations, "the principal Regulations" means the Social Security (Incapacity for Work) (General) Regulations 1995[4] and any reference in Part II of these Regulations to a regulation or a Part is a reference to a regulation or a Part of the principal Regulations. Amendment of Parts I and II 2. - (1) In regulation 2(1)[5] (interpretation), the definition of "the all work test" shall be omitted and there shall be inserted after the definition of "the own occupation test" the following -
(2) In regulation 6[6] (information required for determining capacity for work) -
(b) in sub-paragraph (a) of paragraph (1), the words "or the all work test" shall be omitted and after "applies," there shall be inserted "or where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment,"; (c) for sub-paragraph (b) of paragraph (1), there shall be substituted -
(ii) capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it, as the Secretary of State may request in the form of a questionnaire;"; (d) in sub-paragraph (b) of paragraph (1) as amended by these Regulations for the words "where the all work test applies" there shall be substituted the words "where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment";
(3) In paragraph (1) of regulation 7 (failure to provide information) the words "(all work test questionnaire)" shall be deleted.
(b) in paragraph (2)(c)(i), for the words "satisfied the all work test in accordance with Part III" there shall be substituted "determined to be incapable of work in accordance with the personal capability assessment under Part III". (7) In regulation 14(a) (ii) (pregnancy) for the words "where the all work test applies," there shall be substituted "where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment,".
(b) for the word "test" the word "assessment". Amendment of Part III
24.For the purposes of section 171C(2)(a) of the Contributions and Benefits Act the personal capability assessment is an assessment of the extent to which a person who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in the Schedule, or is incapable by reason of such disease or bodily or mental disablement of performing those activities.". (3) For regulation 25(1)[11] there shall be substituted -
25. - (1) For the purposes of section 171C(2)(b) of the Contributions and Benefits Act a person is incapable of work in accordance with the personal capability assessment when one or more of the descriptors in Part I or Part II apply to him if, by adding the points listed in column (3) of the Schedule against the descriptor, he obtains a total score of at least -
(b) 10 points in respect of descriptors specified in Part II; or (c) 15 points in respect of descriptors specified in Parts I and II.". (4) In regulation 27[12] (exceptional circumstances), for the words "does not satisfy the all work test" there shall be substituted "is not incapable of work in accordance with the personal capability assessment".
28. - (1) Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment that person shall, if the conditions set out in paragraph (2) are met, be treated as incapable of work in accordance with the personal capability assessment until such time as he has been assessed or he falls to be treated as capable of work in accordance with regulation 7 or 8.". Person determined or treated as satisfying the all work test 4. - (1) For the purposes of Part XIIA of the Social Security Contributions and Benefits Act 1992 (incapacity for work) a determination under the all work test made before 3rd April 2000 shall from that date be treated as if it were a determination under the personal capability assessment. (2) For the purposes of regulation 28, where before 3rd April 2000 the all work test was treated as satisfied in relation to a person under that regulation, from that date regulation 28 shall apply in relation to that person as if he had been treated as incapable of work in accordance with the personal capability assessment. The Social Security (Medical Evidence) Regulations 1976 5.The Social Security (Medical Evidence) Regulations 1976[14] shall be amended as follows -
(c) in paragraphs 1, 2 and 3 of Part I of Schedule 1B for the words "all work test statement" wherever they appear there shall be substituted "personal capability assessment statement". The Income Support (General) Regulations 1987
(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
(This note is not part of the Regulations) These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311), in consequence of the coming into force of the Welfare Reform and Pensions Act 1999 -
(b) on 3rd April 2000, to change references to the all work test to references to the personal capability assessment (regulations 2 and 3, except 2(2)(a) and (c)). Regulation 4 makes transitional provision where the all work test has been satisfied or treated as satisfied before 3rd April 2000. Notes: [1] 1992 c. 4. Sections 171A, 171C, 171D and 171G were inserted by sections 5 and 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18); section 171A was amended by paragraph 23, Part II of Schedule 8 to, and section 171C was substituted by section 61 of, the Welfare Reform and Pensions Act (1999 c. 30). Section 171G(2) is cited because of the meaning ascribed to the word "prescribed".back [2] 1999 c. 30.back [3] See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5).back [4] S.I. 1995/311.back [5] Regulation 2 was amended by S.I. 1996/3207 and 1992/2422.back [6] Regulation 6 was amended by S.I. 1995/987 and 1996/1345.back [7] Regulation 10 was amended by S.I. 1995/987, 1996/3207 and 1997/1009.back [8] Regulation 13A was inserted by S.I. 1998/2231.back [9] Regulation 16 was amended by S.I. 1995/987 and 1996/3207.back [10] Regulation 17A was inserted by S.I. 1995/987 and amended by S.I. 1996/1345.back [11] Regulation 25 was amended by S.I. 1996/3207.back [12] Regulation 27 was substituted by S.I. 1996/3207.back [13] Regulation 28 was amended by S.I. 1995/987 and 1996/3207.back [14] S.I. 1976/615. Relevant amendments were made by S.I. 1994/2975 and 1995/987.back [15] 1992 c. 4. Section 171C was inserted by section 5 of the Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by section 61 of the Welfare Reform and Pensions Act 1999 (c. 30).back [16] S.I. 1987/1967. Relevant amendments were made and Schedule 1B was inserted by S.I. 1996/206.back [17] S.I. 1995/310. Relevant amendments were made by S.I. 1996/3207.back ISBN 0 11 085524 8 -- Back --
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