Regulation 17 Circumstances in which, for the purposes of section 60, a beneficiary may be treated as being incapable of following an occupation or employment notwithstanding that he has worked thereat

(1)

For the purposes of F1section 59A (reduced earnings allowance), when it is being determined whether a beneficiary has at all times since the end of F2the period of 90 days referred to in section 57(4) been incapable of following his regular occupation or employment of an equivalent standard which is suitable in his case, and in determining that question only, the fact that since the end of that period of 90 days such beneficiary had worked at that occupation or any such employment (as the case may be)—

(a)

for the purpose of rehabilitation or training or of ascertaining whether he had recovered from the effects of the relevant injury; or

(b)

before obtaining surgical treatment for the effects of the said injury;

shall be disregarded in respect of the periods specified in the next following paragraph.

(2)

The periods during which the beneficiary worked at his regular occupation or at employment of equivalent standard, which shall be disregarded in accordance with the provision of the preceding paragraph, shall be—

(a)

in any case to which sub-paragraph (a) of that paragraph applies—

(i)

any period during which he worked thereat for any of the said purposes with the approval of the Secretary of State or on the advice of a medical practitioner, and

(ii)

any other period or periods during which he worked thereat for any of the said purposes and which did not exceed six months in the aggregate and

(b)

in any case to which sub-paragraph (b) of that paragraph applies—

(i)

any period during which he worked thereat and throughout which it is shown that having obtained the advice of a medical practitioner to submit himself to such surgical treatment he was waiting to undergo the said treatment in accordance therewith, and

(ii)

any other period during which he worked thereat and throughout which it is shown that he was in process of obtaining such advice.

Annotations

Textual amendments

F1: Words in reg. 17(1) substituted (1.10.1986) by The Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986 (S.I. 1986/1561), regs. 1(1), 7(4)
F2: Words in reg. 17(1) substituted (6.4.1983) by The Social Security (Abolition of Injury Benefit) (Consequential) Regulations 1983 (S.I. 1983/186), regs. 1(1), 13(5)

Notes on Chapter

Textual amendments

F1: Words in regs. 17-22 heading omitted (6.4.1983) by virtue of The Social Security (Abolition of Injury Benefit) (Consequential) Regulations 1983 (S.I. 1983/186), regs. 1(1), 13(3)