Regulation 3 Days not to be treated as days of incapacity for work

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 3(2)(c) and word added by Social Security (Approved Work) 2000 reg. 5
reg. 3 heading words added by Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) 2005 Sch. 3 para. 21(2)(a)
reg. 3(1)(a)(iv) added by Social Security (Incapacity Benefit and Jobseeker’s Allowance) 1999 reg. 2

—

(1)

For the purposes of incapacity benefit a day shall not be treated as a day of incapacity for work if it is—

(a)

a day in respect of which a person—

(i)

has made no claim for incapacity benefit;

(ii)

has made a claim for incapacity benefit but not within the prescribed time and good cause for the delay is not shown, or

(iii)

has made a claim for incapacity benefit but not within the prescribed time and, whether or not the person has shown good cause for the delay, he is not entitled to benefit as a result of section 1(2) of the Administration Act (which provides for a 12 month limit on claims for incapacity benefit);

(b)

a day on which a person is disqualified for receiving incapacity benefit during a period of absence from Northern Ireland or imprisonment or detention in legal custody, if that disqualification is for more than 6 weeks; or

(c)

subject to paragraph (2), a day on which a person attends a training course in respect of which he is paid a training allowance pursuant to arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950^f1.

(2)

Paragraph (1)(c) shall not apply—

(a)

for the purposes of any claim for incapacity benefit for a period commencing after a person ceased attending such a training course; or

(b)

in calculating a period of continuous incapacity for work for the purposes of regulation 2 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978^f2.

Annotations

Footnotes

f1: 1950 c. 29 (N.I.); section 1(1) was substituted by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))
f2: S.R. 1978 No. 114; relevant amending regulations are S.R. 1983 No. 36, S.R. 1984 No. 317, S.R. 1986 No. 303 and S.R. 1994 Nos. 45 and 269