Statutory Instruments

1995 No. 2192

SOCIAL SECURITY

The Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1995

Made

22nd August 1995

Laid before Parliament

30th August 1995

Coming into force

25th September 1995

The Secretary of State for Social Security, in exercise of powers conferred upon him by sections 25A(1)(a) and (3)(a) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1995 and shall come into force on 25th September 1995.

(2) In these Regulations, "the principal Regulations" means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983(3).

Amendment of regulation 7 of the principal Regulations

2. After paragraph (5A) of regulation 7 of the principal Regulations (days not to be treated as days of unemployment or incapacity for work), there shall be inserted the following paragraph-

"(5B) For the purposes of head (i) of sub-paragraph (g) and head (ii) of sub-paragraph (o) of paragraph (1) earnings shall not include any payment in the form of a retaining fee paid to a person under an agreement under which he is or may be required to engage in any of the tasks specified in paragraphs (a) or (b) of regulation 9."

Amendment of regulation 9 of the principal Regulations

3. In paragraph (b) of regulation 9 of the principal Regulations (persons deemed to be available for employment in employed earner's employment), for the words "fireman in" there shall be substituted the words "member of".

Signed by authority of the Secretary of State for Social Security.

Roger Evans

Parliamentary Under-Secretary of State,

Department of Social Security

22nd August 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983.

Regulation 2 adds a paragraph (5B) to regulation 7 of those Regulations providing that where a person is on standby in readiness for employment in manning or launching a lifeboat or for performance of duty as a part-time member of a fire brigade, any earnings derived from a retainer payable in respect of the hours when he is on standby shall be disregarded for the purposes of treating a day as a day of unemployment.

Regulation 3 amends paragraph (b) of regulation 9 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 by substituting for the reference to a part-time fireman the term "part-time member of a fire brigade".

These Regulations do not impose any costs on business.

(1)

1992 c. 4, as amended by section 11(1) of, and paragraphs 5 and 14 of Schedule 1 to, the Social Security (Incapacity for Work) Act 1994 (c. 18).

(2)

See section 173(b)(i) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1983/1598, as amended by regulation 3 of S.I 1989/2122.