Regulation 2 Amendment of the Social Security (Severe Disablement Allowance) Regulations

for paragraph (1) there shall be substituted the following paragraph—

“(1)

In these regulations—

• “the Act” means the Social Security (Northern Ireland) Act 1975^f2;

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “the Order” means the Health and Social Security (Northern Ireland) Order 1984^f3;

• “the Incapacity Benefit Regulations” means the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994^f4.”; and

for paragraph (1A) there shall be substituted the following paragraph—

“(1A)

In these regulations—

• “councillor” has the same meaning as in section 167F(2) of the Contributions and Benefits Act^f5;

• “councillor’s allowance” has the same meaning as in section 30E(2) of the Contributions and Benefits Act^f6.”; and

for paragraph (3) there shall be substituted the following paragraph—

“(3)

In determining whether a day falls within a period of incapacity for work, the provisions of section 30C of the Contributions and Benefits Act (incapacity benefit: days and periods of incapacity for work) and of any regulations made under section 30C(3) and (4) shall have effect for the purposes of severe disablement allowance as they have effect for the purposes of incapacity benefit.”.

for paragraph (1) there shall be substituted the following paragraphs—

“(1)

Subject to paragraph (3), for the purposes of severe disablement allowance a person shall not be treated as incapable of work for any day which is not to be treated as a day of incapacity for work under regulation 3(1)(c) of the Incapacity Benefit Regulations (persons attending training courses).

(1A)

Regulation 4 of the Incapacity Benefit Regulations (night workers) shall apply for the purposes of severe disablement allowance as it applies for the purposes of incapacity benefit.”; and

for paragraph (2) there shall be substituted the following paragraph—

“(2)

Indetermining for the purposes of section 68(2) or (3) of the Contributions and Benefits Act whether a person has been incapable of work for a period of not less than 196 consecutive days, a day shall not be treated as a day on which that person was incapable of work if that day was a day on which he was undergoing imprisonment or detention in legal custody and which was part of a period of imprisonment or detention of more than 6 weeks.”.

in paragraph (1) for “period of interruption of employment” there shall be substituted “period of incapacity for work”; and

in paragraph (2) for “period of interruption of employment” there shall be substituted “period of incapacity for work”.