Section 93 Dependency increases on termination of employment after period of entitlement to disability working allowance.

England, Wales and Scotland

Where—

F1(a)

a person becomes entitled—

(i)

to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, by virtue of section 30C(5) or (6) or section 42 above, F2...

(ii)

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

(b)

when he was last entitled to that F3benefit F4... , it was increased in respect of a dependant by virtue of—

(i)

regulation 8(6) of the M1Social Security Benefit (Dependency) Regulations 1977;

(ii)

regulation 2 of the M2Social Security (Savings for Existing Beneficiaries) Regulations 1984;

(iii)

regulation 3 of the M3Social Security Benefit (Dependency) Amendment Regulations 1984; or

(iv)

regulation 4 of the M4Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989,

for the purpose of determining whether his F5benefit ... should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his benefit ... , the increase in respect of that dependant shall be treated as having been payable to him on each day between the last day on which his benefit ... was previously payable and the day on which he again becomes entitled to it.

Annotations

Textual amendments

F1: S. 93(a) substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 28(a); S.I. 1994/2926, art. 2(4), Sch. Pt. 4
F2: S. 93(a)(ii) and preceding word repealed (with savings for those entitled to severe disablement allowance for days immediately before 6.4.2001) (3.11.2000 for specified purposes, 6.4.2001 in so far as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)
F3: Words in s. 93(b) substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 28(b); S.I. 1994/2926, art. 2(4), Sch. Pt. 4
F4: Words in s. 93 repealed (with savings for those entitled to severe disablement allowance for days immediately before 6.4.2001) (3.11.2000 for specified purposes, 6.4.2001 in so far as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)
F5: Words in s. 93 substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 28(b); S.I. 1994/2926, art. 2(4), Sch. Pt. 4

Marginal citations

M1: S.I. 1977/343.
M2: S.I. 1984/1696.
M3: S.I. 1984/1698.
M4: S.I. 1989/1690.