The Disability Working Allowance and Income Support (General) Amendment Regulations 1995

• Citation: S.I. 1995/482
• Sections: 20

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Disability Working Allowance and Income Support (General) Amendment Regulations 1995 and shall come into force—

(a) for the purposes of this regulation and regulations 3 and 4, on 11th April 1995;

(b) for the purposes of regulations 2 and 5 to 20, on 13th April 1995.

(2) Regulations 3 and 4 shall have effect in relation to any particular claimant—

(a) except where sub-paragraph (b) applies, on 11th April 1995;

(b) where a claimant has an award of disability working allowance which is current on 10th April 1995, on the day following the expiration of that award.

(3) Regulations 2 and 18 shall have effect in relation to any particular claimant—

(a) except where sub-paragraph (b) applies, on 13th April 1995;

(b) where a claimant has an award of disability working allowance which is current on 12th April 1995, on the day following the expiration of that award.

(4) Regulations 5 to 17, 19 and 20 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 13th April 1995 which applies in his case.

(5) In these Regulations—

“adjudication officer" means an adjudication officer appointed under section 38 of the Social Security Administration Act 1992 ;

“benefit week" has the same meaning as in the Income Support Regulations;

“claimant" means a claimant for disability working allowance or, as the case may be, for income support;

“the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 ;

“the Disability Working Allowance Regulations" means the Disability Working Allowance (General) Regulations 1991 ;

“the Income Support Regulations" means the Income Support (General) Regulations 1987 .

Section 2 Insertion of regulations 7A and 7B in the Disability Working Allowance Regulations

After regulation 7 of the Disability Working Allowance Regulations (income related benefits) there shall be inserted the following regulations—

Definition of “training for work"

(7A) For the purposes of section 129(2A) of the Contributions and Benefits Act (which provides that a period of training for work may count towards the period of qualification for disability working allowance) “training for work" also includes any training received on a course which a person attends for 16 hours or more a week, the primary purpose of which is the teaching of occupational or vocational skills.

Days to be disregarded

(7B)

(1) For the purposes of section 129(2B)(c) of the Contributions and Benefits Act (days to be disregarded in determining a period of training for work) there shall be disregarded any day on which the claimant was—

(a) on holiday;

(b) attending court as a justice of the peace, a party to any proceedings, a witness or a juror;

(c) suffering from some disease or bodily or mental disablement as a result of which he was unable to attend training for work, or his attendance would have put at risk the health of other persons;

(d) unable to participate in training for work because—

(i) he was looking after a child because the person who usually looked after that child was unable to do so;

(ii) he was looking after a member of his family who was ill;

(iii) he was required to deal with some domestic emergency; or

(iv) he was arranging or attending the funeral of his partner or a relative; or

(e) authorised by the training provider to be absent from training for work.

(2) For the purposes of paragraph (1)(d)(iv), “relative" means close relative, grandparent, grandchild, uncle, aunt, nephew or niece..

Section 3 Amendment of regulation 51 of the Disability Working Allowance Regulations

(1) Regulation 51 of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) after sub-paragraph (c) there shall be added the following sub-paragraph—

(d) in respect of any child or young person to whom paragraph (1A) applies, the allowance specified in paragraph 5 of column (2) of Schedule 5..

(3) After paragraph (1) there shall be inserted the following paragraphs—

(1A) This paragraph applies to a child or young person for whom the claimant or his partner is responsible and who is a member of the claimant’s household, and—

(a) in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient; or

(b) who is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or

(c) who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.

(1B) For the purposes of paragraph (1A)(a), “patient" has the same meaning it has in regulation 10..

Section 4 Amendment of Schedule 5 to the Disability Working Allowance Regulations

In Schedule 5 to the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance)—

(a) in column (1) after paragraph 4 there shall be added the following paragraph—

(5) Child or young person to whom regulation 51(1A) applies (disabled child or young person).; and

(b) in column (2) after paragraph 4 there shall be added the following paragraph—

(5) £19.80.

Section 5 Amendment of regulation 4 of the Income Support Regulations

In regulation 4 of the Income Support Regulations (temporary absence from Great Britain) for head (v) of paragraph (2)(c) there shall be substituted the following head—

(v) on the day on which the absence began he had satisfied the provisions of paragraph 5 of Schedule 1 (persons incapable of work) for a continuous period of not less than—

(aa) 196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act , or who is entitled to the highest rate of the care component of disability living allowance; or

(bb) 364 days in any other case,

and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period..

Section 6 Amendment of regulation 8 of the Income Support Regulations

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Section 7 Amendment of regulation 9 of the Income Support Regulations

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Section 8 Amendment of regulation 11 of the Income Support Regulations

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Section 9 Amendment of regulation 22 of the Income Support Regulations

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Section 10 Amendment of regulation 31 of the Income Support Regulations

In regulation 31(2) of the Income Support Regulations (date on which income is treated as paid) for the words “sickness or invalidity benefit" there shall be substituted the words “ short-term or long-term incapacity benefit ” , and the words “under the Social Security Act" shall be omitted.

Section 11 Amendment of regulation 32 of the Income Support Regulations

In regulation 32(4)(a) of the Income Support Regulations (calculation of weekly amount of income) for the words “sickness or invalidity benefit" there shall be substituted the words “ short-term or long-term incapacity benefit ” , and the words “under the Social Security Act" shall be omitted.

Section 12 Amendment of regulation 73 of the Income Support Regulations

In regulation 73(3) of the Income Support Regulations (amount of income support payable for part-weeks) for the words “sickness or invalidity benefit" there shall be substituted the words “ short-term or long-term incapacity benefit ” .

Section 13 Amendment of regulation 75 of the Income Support Regulations

In paragraphs (b), (e) and (f) of regulation 75 of the Income Support Regulations (modifications in the calculation of income) for the words “sickness or invalidity benefit" in each place where they occur there shall be substituted the words “ short-term or long-term incapacity benefit ” , and the words “under the Social Security Act" in each place where they occur shall be omitted.

Section 14 Amendment of paragraph 5 of Schedule 1 to the Income Support Regulations

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Section 15 Amendment of paragraph 7 of Schedule 1 to the Income Support Regulations

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Section 16 Amendment of Schedule 2 to the Income Support Regulations

(1) Paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the higher pensioner and disability premiums) shall be amended in accordance with the following provisions of this regulation and regulation 17.

(2) In sub-paragraph (1)(a)(i) and (c)(i) for the words “invalidity pension" in each place where they occur there shall be substituted the words “ long-term incapacity benefit ” .

(3) After sub-paragraph (5) there shall be added the following sub-paragraph—

(6) For the purposes of sub-paragraph (1)(a)(i) and (c)(i), a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate..

Section 17 Further amendment of paragraph 12 of Schedule 2 to the Income Support Regulations

Paragraph 12 of Schedule 2 to the Income Support Regulations shall also be amended by—

(a) substituting for head (b) of sub-paragraph (1) the following head—

(b) the claimant—

(i) is entitled to statutory sick pay or is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work) , and

(ii) has been so entitled or so incapable for a continuous period of not less than—

(aa) 196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act ; or

(bb) 364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and

(b) omitting sub-paragraph (3).

Section 18 Transitional provisions with respect to the Disability Working Allowance Regulations

(1) Where invalidity pension was payable to the claimant for one or more of the 56 days immediately preceding the date on which the claim for disability working allowance was made or was treated as made, the payments shall be treated for the purposes of section 129(2)(a)(i) of the Contributions and Benefits Act as payments of long-term incapacity benefit.

(2) Any day on which a claimant was entitled to invalidity pension under sections 33, 40 or 41 of the Contributions and Benefits Act as in force on 12th April 1995 shall be treated for the purposes of section 129(2A)(b) of the Contributions and Benefits Act as a day on which he was entitled to long-term incapacity benefit.

Section 19 Transitional provisions with respect to the Income Support Regulations

(1) Sickness benefit shall be a qualifying benefit for the purposes of regulation 9(2)(a)(i) of the Income Support Regulations, and for this purpose “sickness benefit" means sickness benefit under section 31 of the Social Security Contributions and Benefits Act 1992 as in force on 12th April 1995.

(2) Where the disability premium was applicable to a claimant on 12th April 1995 by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations as in force on that date, the disability premium shall continue to be applicable to that claimant for so long as paragraph 12(1)(b)(i) of that Schedule applies to him.

(3) Paragraph (2) shall not apply to a claimant to whom paragraph 12(1)(b)(i) of Schedule 2 to the Income Support Regulations has ceased to apply for a period of more than 56 continuous days.

(4) Where on 12th April 1995 paragraph 5 of Schedule 1 to the Income Support Regulations (persons incapable of work) as in force on that date applied to a claimant, but the disability premium was not applicable to him, that claimant shall be treated for the purposes of paragraph 12(1) of Schedule 2 to the Income Support Regulations as if, throughout the period that paragraph 5 of Schedule 1 had applied to him, paragraph 12(1)(b)(i) of Schedule 2 applied to him.

(5) Where it is determined on or after 13th April 1995 that a claimant fails to satisfy the incapacity for work test, in accordance with regulations made under section 171C of the Contributions and Benefits Act (the all work test), on its first application to the claimant concerned, and the claimant, immediately prior to 13th April 1995 , was either—

(a) incapable of work and had been so for a continuous period of 28 weeks in circumstances to which paragraph 5 of Schedule 1 of the Income Support Regulations refers (persons incapable of work not required to be available for employment); or

(b) in receipt of invalidity benefit or severe disablement allowance,

then, in a case in which either regulations 8(2A) or 11(2A) of the Income Support Regulations applies (persons not required to be available for employment and registration for employment), notwithstanding regulation 22(1A) and (5A) of the Income Support Regulations (reductions in applicable amounts), the amount of any income support to which the claimant is entitled shall be calculated in accordance with regulation 17 of those Regulations.

(6) Where—

(a) a determination of the amount of a person’s benefit has been made in a case to which paragraph (5) of this regulation, as originally made, had effect; and

(b) an appeal to which regulation 8(2A) or 11(2A) of the Income Support Regulations (persons not required to be available or registered for employment) refers, remains outstanding on 2nd October 1995;

the amount of any benefit to which he is entitled shall continue to be determined under paragraph (5), as originally made, until the determination of the appeal.

Section 20 Savings with respect to the Income Support Regulations

(1) Where a person was not required to be available for employment on 12th April 1995 by virtue of regulation 8(2) of the Income Support Regulations as in force on that date, that regulation shall continue to apply in that person’s case as if regulation 6 of these Regulations had not been made.

(2) Where a claimant was not required to register for employment on 12th April 1995 by virtue of regulation 11(2) of the Income Support Regulations as in force on that date, that regulation shall continue to apply in that claimant’s case as if regulation 8 of these Regulations had not been made.

(3) Where a claimant appeals against a decision of an adjudication officer that he is not incapable of work, and that decision was made on or before 12th April 1995, regulations 8 and 11 of the Income Support Regulations shall apply in that claimant’s case as if these Regulations had not been made.

(4) Where the higher pensioner premium was applicable to a claimant on, or at any time during the 8 weeks immediately preceding, 12th April 1995 by virtue of paragraph 12(1)(c)(i) of Schedule 2 to the Income Support Regulations as in force on that date, paragraph 12 of that Schedule shall continue to apply in that claimant’s case as if regulation 16 of these Regulations had not been made.