OpenLegislation

Section 30D Incapacity benefit: construction of references to days of entitlement.F1C1

(1)

The following provisions have effect in calculating for the purposes of—

(a)

section 30A(4) above (length of entitlement to short-term incapacity benefit),

(b)

section 30B(2) above (period after which short-term incapacity benefit is payable at higher rate),

(c)

section 30B(4) above (period after which incapacity benefit is payable at long-term rate in case of terminal illness), and

(d)

section 30B(5) above (construction of references to short-term incapacity benefit at the higher rate),

the number of days for which a person has been entitled to short-term incapacity benefit.

(2)

There shall be included—

(a)

the first three days of the period of incapacity for work, and

(b)

in the case of a woman, any days for which she was entitled to maternity allowance.

(3)

There shall also be included such days as may be prescribed in respect of which a person was entitled to statutory sick pay, and on the first of which he satisfied the contribution conditions for short-term incapacity benefit.

(4)

There shall be excluded any days in respect of which a person was disqualified for receiving incapacity benefit.

Annotations

Textual amendments

F1

Ss. 30C-30E inserted (18.11.1994 for specified purposes, 13.4.1995 in so far as not already in force) by Social Security (Incapacity for Work) Act 1994 (c. 18), ss. 3(1), 16(3); S.I. 1994/2926, art. 2(2), Sch. Pt. 2 (with The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310))

Modifications

C1

S. 30D modified (6.4.2003) by The Social Security Contributions and Benefits Act 1992 (Modifications for Her Majestys Forces and Incapacity Benefit) Regulations 2003 (S.I. 2003/737), regs. 1, 3

Notes on Part II

Modifications

C1

Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

C2

Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Notes on Incapacity benefit

Textual amendments

F1

S. 30A and cross-heading inserted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), ss. 1(1), 16(3) (with s. 4); S.I. 1994/2926, art. 2(4), Sch. Pt. 4 (with The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310))