Regulation 4 Connecting periodI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 4(1)(a) words substituted by Social Security (Back to Work Bonus) 1996 reg. 5(2)(a)
reg. 4(1)(b) omitted by Social Security (Back to Work Bonus) 1996 reg. 5(2)(b)
reg. 4(1)(c) words substituted by Social Security (Back to Work Bonus) 1996 reg. 5(2)(c)
reg. 4(1)(f) added by Social Security (Back to Work Bonus) 1996 reg. 5(2)(d)
reg. 4(3) words inserted by Social Security (Back to Work Bonus) 1996 reg. 5(3)
reg. 4 coming into force by Social Security (Back to Work Bonus) 1996 reg. 1(1)

(1)

Subject to paragraphs (2) to (4), a connecting period arises where—

(a)

a person ceases to be entitled to a qualifying benefit because he attends training, except where the person enters into a contract of service with the provider of the training, and lasts throughout the period of training;

(b)

a person ceases to be entitled to a qualifying benefit because he is summoned for jury service in respect of any day, and lasts throughout the period to which the summons applies;

(c)

a person ceases to be entitled to a qualifying benefit because a maternity allowance becomes payable, and lasts throughout the period maternity allowance is payable to the person;

(d)

a person ceases to be entitled to a qualifying benefit and in respect of the whole or part of the period of 12 weeks immediately following the day he ceases to be entitled, he becomes entitled (“the new entitlement”) to any one of the following benefits—

(i)

incapacity benefit;

(ii)

severe disablement allowance, or

(iii)

invalid care allowance,

and the connecting period lasts until the new entitlement ends or until the expiration of a period of 2 years from and including the date in respect of which the new entitlement began, whichever is the earlier, or

(e)

a person ceases to be entitled to one of the benefits mentioned in sub-paragraph (d) and in respect of the whole or part of the period of 12 weeks immediately following the day he ceases to be so entitled, he becomes entitled to the same or another of those benefits, and the connecting period lasts until the end of the period of entitlement to that benefit or until the expiration of the period of 2 years from and including the day in respect of which the new entitlement mentioned in sub-paragraph (d) began, whichever is the earlier.

(2)

Notwithstanding paragraph (1)(e) where 2 periods of incapacity for work within the meaning of section 30C(1) of the Benefits Act^f1 are separated by a period of more than 8 weeks, the second of those periods is only a connecting period where in the weeks between the 2 periods of incapacity for work, the person was entitled to a qualifying benefit which ceased with the onset of the second of those periods of incapacity for work.

(3)

In any relevant period, only one connecting period which arises in accordance with paragraph (1)(d) shall apply in any particular case, and for this purpose, a “relevant period” is the period which falls between periods of entitlement to a qualifying benefit.

(4)

For the purposes of paragraph (1)(e) any part of the period of up to 12 weeks mentioned in that sub-paragraph in which the person was not entitled to one of the benefits to which paragraph (1)(d) refers shall be disregarded in determining the period of 2 years.

Annotations

Commencement

I1: Reg. 4 in operation at 7.10.1996, see reg. 1(1)

Footnotes

f1: Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))