The Social Security (Adjudication) Amendment Regulations 1989

• Citation: S.I. 1989/1689
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1989 and shall come into force on 9th October 1989.

(2) In these Regulations“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 .

Section 2 Amendment of regulation 42 of the Adjudication Regulations

In paragraph (5) of regulation 42 of the Adjudication Regulations (reference of diagnosis and recrudescence questions for medical report), for the words“If during a period taken into account by an assessment of disablement relating to an award of disablement benefit in respect of a prescribed disease,”, there shall be substituted the words“Where the assessed extent of a person’s disablement in respect of a prescribed disease amounts to one per cent. or more and during the period taken into account by that assessment,”.

Section 3 Amendment of regulation 53 of the Adjudication Regulations

In paragraph (c) of regulation 53 of the Adjudication Regulations (definition of“medical question”) for the words“the age of 75” there shall be substituted the words“the age of 80”.

Section 4 Amendment of regulation 64 of the Adjudication Regulations

(1) Regulation 64 of the Adjudication Regulations (income support and social fund questions not immediately determinable) shall be amended in accordance with the following provisions of this regulation.

(2) Paragraph (3)(e) shall cease to have effect.

(3) In paragraph (3)(f) the word“suitable” shall be omitted.

(4) After paragraph (3)(f) there shall be added the following paragraph–

(g) whether regulation 10A of the Income Support (General) Regulations 1987 (circumstances in which a claimant is not required to seek employment actively or is treated as seeking employment actively) applies by virtue of paragraphs (3) or (4) of that regulation.

Section 5 Amendment of regulation 69 of the Adjudication Regulations

(1) Regulation 69 of the Adjudication Regulations (review in income support cases) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (3) there shall be substituted the following paragraphs–

(3) Section 64A of the 1986 Act , (which relates to the effect of alterations in the component rates of income support) shall not apply to any award of income support in force in favour of a person where there is applicable to that person–

(a) any amount determined in accordance with regulation 17(2) to (7) of the Income Support (General) Regulations 1987 ; or

(b) any protected sum determined in accordance with Schedule 3A or 3B of those Regulations ; or

(c) any transitional addition, personal expenses addition or special transitional addition applicable under Part II of the Income Support (Transitional) Regulations 1987 (transitional protection) .

(3A) Where section 64A of the 1986 Act does not apply to an award of income support by virtue of paragraph (3), that award may be reviewed by an adjudication officer, or on a reference by him, by an appeal tribunal for the sole purpose of giving effect to any change made by an order under section 63 of the 1986 Act.

(3) In paragraph (4)(c) the words“and paragraph (3) shall not apply in any such case” shall be omitted.