Social Security (Incapacity Benefit) Regulations 1994

JurisdictionUK Non-devolved
CitationSI 1994/2946

1994 No. 2946

SOCIAL SECURITY

The Social Security (Incapacity Benefit) Regulations 1994

Made 21th November 1994

Laid before Parliament 24th November 1994

Coming into force 13th April 1995

The Secretary of State for Social Security in exercise of the powers conferred on him by sections 30B(7), 30C(3), (4)(a) and (6), 30D(3), 30E(1) and (2), 122, and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made by virtue of sections 2(1) and 3(1) of the Social Security (Incapacity for Work) Act 19942and is made before the end of the period of 6 months beginning with the coming into force of that Act, hereby makes the following Regulations:

1 General

PART I

General

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Social Security (Incapacity Benefit) Regulations 1994 and shall come into force on 13th April 1995.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Administration Act” means the Social Security Administration Act 19923; and

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992.

(2) In these Regulations–

(a)

(a) any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and

(b)

(b) any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

2 Entitlement to incapacity benefit: Supplementary provisions

PART II

Entitlement to incapacity benefit: Supplementary provisions

S-3 Definition of “training for work” for the purposes of section 30C(6) of the Contributions and Benefits Act

Definition of “training for work” for the purposes of section 30C(6) of the Contributions and Benefits Act

3. For the purposes of section 30C(6) of the Contributions and Benefits Act (which provides for days of training for work to be treated as days of incapacity for work) “training for work” also includes any training received on a course which a person attends for 16 hours or more a week, the primary purpose of which is the teaching of occupational or vocational skills.

S-4 Days not to be treated as days of incapacity for work

Days not to be treated as days of incapacity for work

4.—(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) 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)

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

(c)

(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 2(1) of the Employment and Training Act 19734or section 2(3) of the Enterprise and New Towns (Scotland) Act 19905.

(2) Paragraph (1)(c) shall not apply–

(a)

(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)

(b) in calculating a period of continuous incapacity for work for the purposes of regulation 2 of the Social Security Benefit (Persons Abroad) Regulations 19756.

S-5 Night workers

Night workers

5.—(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)

(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)

(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.

S-6 Calculating periods of incapacity for work for persons receiving certain regular treatment

Calculating periods of incapacity for work for persons receiving certain regular treatment

6.—(1) In the cases specified in paragraph (2), section 30C(1)(b) of the Contributions and Benefits Act (which defines a period of incapacity for work) shall have effect as if the period of 4 days mentioned there were a period of 2 days, whether consecutive or not, within a period of 7 consecutive days.

(2) The cases referred to in paragraph (1) are those where the days of incapacity for work in question result from–

(a)

(a) regular weekly treatment by way of haemodialysis for chronic renal failure or peritoneal dialysis for chronic renal failure;

(b)

(b) treatment by way of plasmapheresis, by way of parenteral chemotherapy with cytotoxic drugs, anti–tumour agents or immuno–suppressive drugs or by way of radiotherapy; or

(c)

(c) regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function.

S-7 Days of statutory sick pay to be included in days of entitlement to incapacity benefit

Days of statutory sick pay to be included in days of entitlement to incapacity benefit

7.—(1) For the purposes of section 30D(3) of the Contributions and Benefits Act (which provides for days of entitlement to statutory sick pay to be included in calculating the number of days for which a person has been entitled to short–term incapacity benefit) the days which are to be included are any of the days specified in paragraph (2) which–

(a)

(a) fell within a period of entitlement to statutory sick pay as between that person and his employer which...

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