Made | 22nd March 2006 | ||
Coming into operation | 10th April 2006 |
(b) in paragraph (4) for the definition of "immediate past period of incapacity for work" there shall be substituted the following definition—
(3) For regulation 16[6] (person who works to be treated as capable of work) there shall be substituted the following regulation—
(3) Paragraph (1) does not apply to—
(4) This regulation is subject to regulation 13(3) (person receiving certain regular treatment).
(5) A person who does work to which this regulation applies in a week which is—
shall be treated as capable of work by virtue of paragraph (1) only on the actual day or days in that week on which he does that work.
(6) In this regulation—
(4) For regulation 17[11] (exempt work) there shall be substituted the following regulation—
(4) Work which is done for less than 16 hours a week, for which earnings in any week do not exceed £81·00 and which—
(b) is done by a person who is treated as incapable of work under—
(5) Work done in the course of receiving assistance in pursuing self-employed earner's employment whilst participating in a programme provided or other arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950[13] (general functions of the Department for Employment and Learning as to employment and training for employment).
(6) Work done as a volunteer.
(7) Duties undertaken on not more than one day a week as—
(8) In this regulation—
in connection with the entitlement to which the question of the person's capacity or incapacity for work arises under that Act;
Transitional provision
3.
—(1) This regulation applies for the purposes of regulation 17(4)(a) of the principal Regulations as amended by these Regulations.
(2) This regulation applies where, before 10th April 2006, a person did work in a specified period in accordance with regulation 17(1B)(b), (1C)(b) or (1D)(b)[18] and the specified period would have ended after 9th April 2006.
(3) Where the specified period is the one to which regulation 17(1B)(b) or (1C)(b) applied, the 52 week period beginning on the first day on which the work is done referred to in regulation 17(4)(a) shall be treated as beginning on the first day of the period specified in regulation 17(1B)(b).
(4) Where the specified period is the one to which regulation 17(1D)(b) applied, the 52 week period beginning on the first day on which the work is done referred to in regulation 17(4)(a) shall be treated as beginning on the first day of the period specified in regulation 17(1D)(b).
(5) In this regulation, any reference to regulation 17(1B)(b), (1C)(b) or (1D)(b), as the case may be, is a reference to regulation 17(1B)(b), (1C)(b) or (1D)(b) of the principal Regulations as in operation before 10th April 2006.
Revocations
4.
The provisions specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).
Sealed with the Official Seal of the Department for Social Development on
22nd March 2006.
L.S.
John O'Neill
A senior officer of the Department for Social Development
Column (1) | Column (2) | Column (3) |
Citation | Reference | Extent of revocation |
The Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 149 | Regulation 4(4) |
The Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 601 | Regulation 4(4) |
The Social Security (Welfare to Work) Regulations (Northern Ireland) 1998 | S.R. 1998 No. 324 | Regulation 4(3) |
The Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 | S.R. 1999 No. 428 (C. 32) | Article 8(3) |
The Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 4 | Regulation 2(8) |
The Social Security (Approved Work) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 109 | Regulation 7(4) |
The Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 86 | Regulation 2(3) |
The Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 415 | Regulation 4 |
Regulation 3 makes transitional provision in respect of work in a period which began before these Regulations come into operation.
Regulation 4 makes consequential revocations.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
[2] See Article 8(b) of S.R. 1999 No. 481back
[3] S.R. 1995 No. 41; relevant amending Rules are S.R. 1995 No. 149, S.R. 1996 No. 601, S.R. 1997 No. 174, S.R. 1998 No. 324, S.R. 1999 No. 428 (C. 32), S.R. 2000 Nos. 4 and 109, S.R. 2002 No. 86 and S.R. 2005 No. 415back
[4] Regulation 13A was inserted by regulation 4(2) of S.R. 1998 No. 324 and amended by regulation 2(6) of S.R. 2000 No. 4back
[5] Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back
[6] Regulation 16 was amended by regulation 4(4) of S.R. 1995 No. 149, regulation 4(4) of S.R. 1996 No. 601, regulation 2(8) of S.R. 2000 No. 4 and regulation 7(4) of S.R. 2000 No. 109back
[7] Relevant amending Regulations are S.R. 1995 No. 149, S.R. 1996 No. 601, S.R. 1997 No. 174, S.R. 1998 No. 324, S.R. 2000 Nos. 4 and 109, S.R. 2002 No. 86 and S.R. 2005 No. 15back
[8] Paragraph (2) was amended by regulation 4(10) of S.R. 1995 No. 149 and regulation 4(9) of S.R. 1996 No. 601back
[9] Section 167F was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back
[10] Regulation 10A was inserted by regulation 7(3) of S.R. 2000 No. 109 and amended by regulation 2(2) of S.R. 2002 No. 86back
[11] Regulation 17 was amended by Article 8(3) of S.R. 1999 No. 428 (C. 32), regulation 2(3) of S.R. 2002 No. 86 and regulation 4 of S.R. 2005 No. 415back
[12] S.R. 1995 No. 35; paragraph (3) was amended by regulation 5(2)(b) of S.R. 2000 No. 4 and paragraph (5) was amended by regulation 3(8)(b) of S.R. 1995 No. 149 and regulation 3(5)(b) of S.R. 1996 No. 601back
[13] 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back
[14] S.R. 1999 No. 162, to which there are amendments not relevant to these Regulationsback
[15] S.I. 1998/1506 (N.I. 10)back
[16] Subsection (5) was amended by paragraph 5 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))back
[17] Paragraph (1A) was inserted by regulation 2(3)(b) of S.R. 2002 No. 86 and was in operation from 8th April 2002 to 9th April 2006back
[18] Paragraphs (1B), (1C) and (1D) were inserted by regulation 2(3)(b) of S.R. 2002 No.86back