Social Security (Incapacity for Work) (Northern Ireland) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1898 |
1994 No. 1898 (N.I. 12)
NORTHERN IRELAND
The Social Security (Incapacity for Work) (Northern Ireland) Order 1994
Made 19th July 1994
Laid before Parliament 29th July 1994
Coming into operation on days to be appointed under Article 1(2)
At the Court at Buckingham Palace, the 19th day of July 1994
Present,
The Queen’s Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding to those of the1Social Security (Incapacity for Work) Act 1994:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the2Northern Ireland Act 1974 (as modified by section 14 of the Act of 1994) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Title and commencement
1.—(1) This Order may be cited as the Social Security (Incapacity for Work) (Northern Ireland) Order 1994.
(2) This Order shall come into operation on such day or days as the Head of the Department may by order appoint.
Interpretation
2.—(1) 3The Interpretation Act (Northern Ireland) 1954 applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Administration Act” means the4Social Security Administration (Northern Ireland) Act 1992;
“the confirmatory procedure” means the procedure described in section 172(1) of the Contributions and Benefits Act;
“the Contributions and Benefits Act” means the5Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“the Department” means the Department of Health and Social Services.
Incapacity benefit: entitlement
3.—(1) In Part II of the Contributions and Benefits Act (contributory benefits), after section 30 insert—
“Incapacity benefit
Incapacity benefit: entitlement.
30A.—(1) Subject to the following provisions of this section, a person who satisfies either of the following conditions is entitled to short-term incapacity benefit in respect of any day of incapacity for work which forms part of a period of incapacity for work.
(2) The conditions are that—
(a)
(a) he is under pensionable age on the day in question and satisfies the contribution conditions specified for short-term incapacity benefit in Schedule 3, paragraph 2; or
(b)
(b) on that day he is over pensionable age but not more than 5 years over that age, the period of incapacity for work began before he attained pensionable age, and—
(i)
(i) he would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below; or
(ii) he would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but for any such deferment or election.
(3) A person is not entitled to short-term incapacity benefit for the first 3 days of any period of incapacity for work.
(4) In any period of incapacity for work a person is not entitled to short-term incapacity benefit for more than 364 days.
(5) Where a person ceases by virtue of subsection (4) above to be entitled to short-term incapacity benefit, he is entitled to long-term incapacity benefit in respect of any subsequent day of incapacity for work in the same period of incapacity for work on which he is not over pensionable age.”;.
(2) In Schedule 3 to the Contributions and Benefits Act (contribution conditions for entitlement to benefit), in the heading before paragraph 2 and in sub-paragraph (1) of that paragraph for “sickness benefit” substitute “short-term incapacity benefit”.
Incapacity benefit: rate
4.—(1) In the Contributions and Benefits Act, after section 30A (inserted by Article 3) insert—
“Incapacity benefit: rate.
30B.—(1) The amount payable by way of incapacity benefit in respect of any day is 1/7th of the appropriate weekly rate.
(2) Subject to the following provisions of this section the weekly rate of short-term incapacity benefit is the lower or higher rate specified in Schedule 4, Part I, paragraph 2.
The benefit is payable at the lower rate so specified for the first 196 days of entitlement in any period of incapacity for work and at the higher rate so specified thereafter.
(3) In the case of a person over pensionable age the weekly rate of short-term incapacity benefit is, subject to subsection (4) below, that at which the relevant retirement pension referred to in section 30A(2)(b) above would have been payable.
But in determining that rate any increase of the following descriptions shall be disregarded—
(a) any increase (for married women) under section 53(2) below or (for deferred retirement) under Schedule 5 to this Act;
(b) any increase (for dependants) under section 80, 83 or 85 below; and
(c) any increase (for Category A or Category B pensioners) under section 132 of the Administration Act (annual up-rating of benefits) which corresponds to an increase of the sums mentioned in section 150(1)(e) of the Great Britain Administration Act.
(4) In the case of a person who has been entitled to short-term incapacity benefit for 196 days or more in any period of incapacity for work and—
(a)
(a) is terminally ill; or
(b)
(b) is entitled to the highest rate of the care component of disability living allowance,
the weekly rate of short-term incapacity benefit payable, if greater than the rate otherwise payable to him under subsection (2) or (3) above, shall be equal to the rate at which long-term incapacity benefit under section 30A above would be payable to him if he were entitled to it.
For the purposes of this subsection a person is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months.
(5) References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable to any person who has been entitled to that benefit for 196 days or more in a period of incapacity for work, notwithstanding that the rate of benefit is determined in accordance with subsection (3) or (4) above.
(6) Subject as follows, the weekly rate of long-term incapacity benefit under section 30A above is that specified in Schedule 4, Part I, paragraph 2A.
(7) Regulations may provide that if a person is, on the qualifying date in relation to a period of incapacity for work, under such age as may be prescribed, the rate of long-term incapacity benefit under section 30A above payable to him in respect of any day in that period shall be increased by such amount as may be prescribed.
For this purpose “the qualifying date” means the first day of the period of incapacity for work or such earlier day as may be prescribed.”.
(2) In Part I of Schedule 4 to the Contributions and Benefits Act (rates of benefit, etc.: contributory periodical benefits), for paragraph 2 substitute—
“2. Short-term incapacity benefit. |
(a) lower rate … £43.45 |
(b) higher rate … £52.50. |
|
2A. Long-term incapacity benefit. |
£57.60.”. |
(3) In section 80 of the Contributions and Benefits Act (increases for beneficiary’s dependent children), for subsection (2)(b) and (c) substitute—
“(b)
“(b) short-term incapacity benefit at the higher rate or where the beneficiary is over pensionable age;
(c)
(c) long-term incapacity benefit; and”.
(4) After section 86 of the Contributions and Benefits Act insert—
“Incapacity benefit: increase for adult dependants.
86A.—(1) The weekly rates of short-term and long-term incapacity benefit shall, in such circumstances as may be prescribed, be increased for adult dependants by the appropriate amount specified in relation to benefit of that description in Schedule 4, Part IV, column (3).
(2) Regulations may provide that where the person in respect of whom an increase of benefit is claimed has earnings in excess of such amount as may be prescribed there shall be no increase of benefit under this section.”.
(5) In Part IV of Schedule 4 to the Contributions and Benefits Act (rates of benefit etc.: increases for dependants), after paragraph 1 insert—
“1A. Short-term incapacity benefit— | ||
(a) where the beneficiary is under pensionable age |
11.00 |
26.90 |
(b) where the beneficiary is over pensionable age |
11.00 |
33.10”and for paragraph 2 substitute— |
“2. Long-term incapacity benefit |
11.00 |
34.50” |
(6) Any order under section 132 of the Administration Act (annual up-rating of benefits) made by the Department before the commencement of this Article shall include provision—
(a)
(a) making such increase (if any) in the sum specified in the provision inserted by paragraph (2) as the amount of short-term incapacity benefit at the higher rate as is necessary to make that sum equal to the higher rate or, if there is only one such rate, to the rate of statutory sick pay payable after the order comes into operation; and
(b)
(b) making such increases in the other sums specified in the provisions inserted by paragraphs (2) and (5) in Schedule 4 to the Contributions and Benefits Act as would have been required if the provisions in question had been in operation at all material times.
Incapacity benefit: supplementary provisions
5.—(1) After section 30B of the Contributions and Benefits Act (inserted by Article 4) insert—
“Incapacity benefit: days and periods of incapacity for work.
30C.—(1) For the purposes of any provisions of this Act relating to incapacity benefit, subject to the following provisions and save as otherwise expressly provided—
(a)
(a) a day of incapacity for work means a day on which a person is incapable of work;
(b)
(b) a period of incapacity for work means a period of 4 or more consecutive...
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