Social Security (Incapacity Benefit) Regulations 1994

JurisdictionUK Non-devolved
CitationSI 1994/2946
  • These Regulations may be cited as the Social Security (Incapacity Benefit) Regulations 1994 and shall come into force on 13th April 1995.
  • (1) In these Regulations, unless the context otherwise requires–“the Administration Act” means the Social Security Administration Act 1992 any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; andany reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
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  • to an adult dependant in respect of whom a claim for an increase of incapacity benefit is made or treated as made before 5th October 1998.
  • is a person in respect of whom a claim for an increase of incapacity benefit is made;
  • is subject to immigration control within the meaning of section 115(9) (a) of the Immigration and Asylum Act 1999; and
  • has not previously been allocated a national insurance number.
  • he paid contributions of a relevant class before the relevant time in respect of any one year; andfrom earnings, on which primary Class 1 contributions have been paid or treated as paid, which are not less than that year’s lower earnings limit multiplied by 25, orfrom Class 2 contributions multiplied by 25.he was a person who, in the F19last complete tax year... F25immediately preceding the relevant benefit year in which the first day of incapacity for work, F26occurred was entitled to F31carer’s allowance under section 70 of the Contributions and Benefits Act or would have been in receipt of the F31carer’s allowance but for the provision of regulation 4 of the Social Security (Overlapping Benefits) Regulations 1979;who had been engaged in remunerative employment for a period of more than 2 years, andwho was entitled to disability working allowance or disabled person’s tax credit, as the case may be, under section 129 of the Contributions and Benefits Act throughout that period; orwho was entitled to working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1) (b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 was included in the award; oris entitled to be credited with earnings or, as the case may be, contributions in accordance with regulation 9D of the Social Security (Credits) Regulations 1975 (credits for certain periods of imprisonment or detention in legal custody) , orwould be so entitled had he made an application to the Secretary of State for the purpose of that regulation;he is, on the first day of his incapacity for work, a person who had received incapacity benefit in the last complete tax year immediately preceding the relevant benefit year he again becomes entitled to it.
  • 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.
  • has made no claim for incapacity benefit;has made a claim for incapacity benefit but not within the prescribed time and good cause for the delay is not shown; orhas 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) ;subject to regulation 2A, is not entitled to incapacity benefit because section 1(1A) of the Administration Act (requirement to state national insurance number) applies.a day which is, for the purposes of section 30A(2A) (c) of the Contributions and Benefits Act (period of 196 consecutive days preceding the relevant day) , not part of any consecutive days of incapacity;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; orsubject 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 1973 for the purposes of any claim for incapacity benefit for a period commencing after a person ceased attending such a training course; orin calculating a period of continuous incapacity for work for the purposes of regulation 2 of the Social Security Benefit (Persons Abroad) Regulations 1975where, such payment

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