Paragraph 6 Incapacity
Subject as hereinafter provided–
Where in any week a coal industry employee eligible for payments under this Scheme is on any day not entitled to incapacity benefit for either of the reasons specified in paragraph (2) below the Secretary of State may pay to him in respect of that day an amount equal to the incapacity benefit to which he would otherwise have been entitled.
The reasons referred to in paragraph (1) above are that the coal industry employee fails to satisfy the contribution conditions for entitlement to sickness benefit or incapacity benefit or that he is absent from Great Britain.
In the case of a coal industry employee who is in receipt of benefit under paragraph (1) above because he failed to satisfy the contribution conditions for entitlement to sickness benefit or incapacity benefit and subsequently satisfies the contribution conditions for incapacity benefit, the Secretary of State may continue to pay to him benefit under paragraph (1) above unless and until he makes a claim for incapacity benefit.
Where a coal industry employee:
is receiving benefit under paragraph (1) above; and
is not absent from Great Britain; and
commenced his period of incapacity for work before 13th April 1995; and
ceases to claim incapacity benefit for a period of 57 days,
the Secretary of State may pay to him in respect of those 57 days benefit under paragraph (1) above for any day of incapacity for work on which he would not have been entitled to incapacity benefit had he claimed such benefit.