Social Security (Incapacity for Work) (General) Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/311
Year1995
  • These Regulations may be cited as the Social Security (Incapacity for Work) (General) Regulations 1995 and shall come into force on 13th April 1995.
  • (1) In these Regulations, unless the context otherwise requires—to a numbered regulation is to the regulation in these Regulations bearing that number;to the Schedule is to the Schedule to these Regulations.
  • These Regulations do not apply for the purposes of Part V (benefit for industrial injuries) or Part XI (statutory sick pay) of the Contributions and Benefits Act.
  • in one occupation in which a person was engaged for 16 or more hours a week for more than 8 weeks; andfor which payment was made or which was done in expectation of payment.all work of the same kind, whether or not it is for the same employer and whether a person is employed or self-employed; orall work for the same employer; anda person who was normally engaged in one occupation for 16 or more hours a week shall be treated as if he had been engaged in that occupation in relation to any week when he was on paid or unpaid leave from that occupation.
  • Where a person was engaged in more than one occupation which qualified as remunerative work in the period of 21 weeks referred to in regulation 4, his occupation for the purposes of the own occupation test is the last such occupation in which he was engaged during that period; but if, during his last week of remunerative work in that period, he was engaged in more than one such occupation he must satisfy the own occupation test in respect of each.
  • where the own occupation test relating to a person’s ability to perform the activities referred to in the Schedule, orcapable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,such additional information F69as is capable of being used for the purpose referred to in paragraph (b) (ii) , or relating to the own occupation test or the personal capability assessment as the Secretary of State may request.(2) Where the Secretary of State is satisfied that he has sufficient information for a determination whether a person is capable or incapable of work without the information specified in F70paragraph (1) (b) (i) , that information shall not be required for the purposes of that determination.whether a person is capable of work for the purposes of a claim for F14jobseeker’s allowance; orwhether a person is to be treated as incapable of work under any of F72regulations 10, 11 to 14.(4) Information requested for the purpose referred to in paragraph (1) (b) (ii) shall not be used for

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