{
  "url": "https://openlegislation.uk/social-security-incapacity-benefit-regulations-1994/note",
  "json_url": "https://openlegislation.uk/social-security-incapacity-benefit-regulations-1994/note.json",
  "legislation": "uksi/1994/2946",
  "legislation_title": "The Social Security (Incapacity Benefit) Regulations 1994",
  "legislation_url": "https://openlegislation.uk/social-security-incapacity-benefit-regulations-1994",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations provide for matters concerning entitlement to and the rate of incapacity benefit, which benefit was introduced into Part II (contributory benefits) of the Social Security Contributions and Benefits Act 1992 (c.4) by the amendments to that Act made by sections 1 to 3 of the Social Security (Incapacity for Work) Act 1994.\nPart I contains general provisions affecting the citation, commencement and interpretation of these Regulations.\nPart II contains various provisions affecting entitlement to incapacity benefit. In particular these relate to the calculation of periods of incapacity (regulations 4 to 6) and periods of entitlement to incapacity benefit (regulation 7). This Part also prescribes the limit of permitted earnings from a councillor’s allowance and the method of calculating such earnings (regulations 8 and 9).\nPart III contains provision for long–term incapacity benefit to be payable at an increased rate on account of age. Where a person is under the age of 35 on the qualifying date the rate of long–term incapacity benefit is to be increased by £12.15 a week, and where he is over that age but under the age of 45 the rate is to be increased by £6.10 a week (regulation 10).\nThe qualifying date is normally the first day of the period of incapacity for work in question, but regulations 11, 12 and 13 make special provision for certain persons who have been entitled to receive statutory sick pay from an employer, persons who have been serving members of the forces and widows.\nThese Regulations are made before the expiry of 6 months from the commencement of the provisions under which they are made and are accordingly exempt by section 173(5)(a) from reference to the Social Security Advisory Committee and have not been so referred.\nThese Regulations do not impose any costs on business.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/2946/note",
    "retrieved_at": "2026-10-29T13:22:58.770243+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}