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 3 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 (21.11.1994 for the purpose of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), art. 5(1); S.R. 1994/450, art. 2(b), Sch. Pt. II

Modifications

C1

S. 30D modified (6.4.2003) by The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Modifications for Her Majestys Forces and Incapacity Benefit) Regulations 2003 (S.I. 2003/735), regs. 1, 3

Notes on Part II

Modifications

C1

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C2

Pt. II (ss. 20-62): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).

C3

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Notes on Incapacity benefit

Textual amendments

F1

S. 30A and preceding cross-heading inserted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 3(1); S.R. 1994/450, art. 2(d), Sch. Pt. IV