The Social Security (Incapacity) Miscellaneous Amendments Regulations 2000

• Citation: S.I. 2000/590
• Sections: 6

Section 1 Citation and Commencement

These Regulations may be cited as the Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 and shall come into force for the purposes of–

(a) this regulation and regulation 3, on 2nd April 2000; and

(b) the remainder, on 3rd April 2000.

Section 2 Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995

In regulation 31(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (application of the new tests of incapacity for work), for the words “having satisfied the incapacity for work test ” there shall be substituted the words “incapable of work in accordance with the personal capability assessment”.

Section 3 Amendment of the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999

Paragraph (9) of regulation 2 of the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 shall be omitted.

Section 4 Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995

The Social Security (Incapacity for Work) (General) Regulations 1995 shall be amended as follows–

(a) in regulation 17A (person who claims unemployment benefit to be treated as capable of work), there shall be substituted–

(i) for the words “Where the all work test applies” 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”, and

(ii) for the words “satisfies that test” the words “incapable of work in accordance with that assessment”;

(b) in paragraphs (2)(b) and (c) of regulation 27 (exceptional circumstances) for the words “all work test” there shall be substituted the words “personal capability assessment”.

Section 5 Amendment of the Income Support (General) Regulations 1987

In paragraph (3) of regulation 22A of the Income Support (General) Regulations 1987 (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work), for the words from “made” to “claimant” there shall be substituted the words “ the first determination made in accordance with, the all work test before 3rd April 2000 or, after that date, the personal capability assessment, in relation to the claimant”.

Section 6 Amendment of the Social Security (Medical Evidence) Regulations 1976

The Social Security (Medical Evidence) Regulations 1976 shall be amended as follows–

(a) in regulation 2 –

(i) in paragraph (1), for the words “all work test” there shall be substituted the words “personal capability assessment”, and

(ii) in paragraph (1)(c), 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”;

(b) in Part II of Schedule 1B (form of doctor’s statement), for the words “ all work assessment” there shall be substituted “personal capability assessment”.