Explanatory note

These Regulations modify the Social Security Contributions and Benefits Act 1992 (c. 4) in its application to persons who are discharged from Her Majesty’s forces after 3rd May 2003, who were on sickness absence from duty while in the forces and who claim incapacity benefit.

Regulation 2 modifies section 30A, inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18), by exempting certain former members of the forces from the requirement to wait 3 days before becoming entitled to incapacity benefit.

Regulation 3 modifies section 30D, inserted by section 3(1) of the 1994 Act, to enable regulations made by the Secretary of State to prescribe the days to be included when calculating the number of days for which the ex-members of the forces have been entitled to short-term incapacity benefit.

Regulation 4 modifies paragraph 2(6) of Schedule 3 by inserting a new definition of “relevant benefit year” in connection with the National Insurance contribution conditions to be satisfied by former members of the forces who claim incapacity benefit.