Paragraph 2

England, Wales and Scotland

The circumstances are that—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(d)

in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—

(i)

he was entitled to incapacity benefit (or would have been so entitled had he satisfied the contribution conditions mentioned in section 30A(2)(a) above), F5...

F6(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(dd)

in the period of 85 days ending immediately before the relevant date the employee had at least one day on which he was entitled to an employment and support allowance (or would have been so entitled had he satisfied the requirements in section 1(2) of the Welfare Reform Act 2007.

(f)

the employee has done no work for his employer under his contract of service;

(g)

on the relevant date there is F8... a stoppage of work due to a trade dispute at the employee’s place of employment;

(h)

the employee is, or has been, pregnant and the relevant date falls within the disqualifying period (within the meaning of section 153(12) above).

Annotations

Textual amendments

F1: Sch. 11 para. 2(a) omitted (1.10.2006 with application in accordance with Sch. 8 para. 13(2)(3) of the amending S.I.) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 13(1)
F2: Sch. 11 para. 2(b) repealed (1.10.2002 with effect where the relevant date falls on or after that day) by The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 1(1), Sch. 2 para. 1(a) (with Sch. 2 para. 4)
F3: Sch. 11 para. 2(c) omitted (6.4.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 11(3), 159(3); S.I. 2026/373, reg. 2(b) (with regs. 4, 5)
F4: Sch. 11 para. 2(d) substituted for Sch. 11 para. 2(d)(e) (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 43(2); S.I. 1994/2926, art. 2(4), Sch. Pt. 4
F5: Sch. 11 para. 2(d)(iii) and preceding word repealed (with savings for those entitled to severe disablement allowance for days immediately before 6.4.2001) (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 13 Pt. IV; S.I. 2000/2958, art. 2(3)(g)(4)(5) (with art. 4)
F6: Sch. 11 para. 2(d)(ii) repealed (6.4.1999) by Social Security Act 1998 (c. 14), ss. 73, 87(2), Sch. 8; S.I. 1998/2209, art. 2(d)
F7: Sch. 11 para. 2(dd) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 44
F8: Words in Sch. 11 para. 2(g) repealed (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)