# The Social Security (Incapacity Benefit) Regulations 1994, Regulation 5: Night workers


(1) For the purposes of incapacity benefit, where a person works for a continuous period which extends over midnight into the following day, the day on which the lesser part of that period falls shall be treated as a day of incapacity for work if that person was incapable of work for the remainder of that day.
(2) Where, in relation to a period referred to in paragraph (1), the number of hours worked before and after midnight is equal–
(a) if the days in question fall at the beginning of a period of incapacity for work, the second day shall be treated as a day of incapacity for work; and
(b) if the days in question fall at the end of a period of incapacity for work, the first day shall be treated as a day of incapacity for work.

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Source: https://www.legislation.gov.uk/uksi/1994/2946/regulation/5 (the official version)
Page: https://openlegislation.uk/social-security-incapacity-benefit-regulations-1994/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.