Social Security (Incapacity for Work) Act 1994

JurisdictionUK Non-devolved
Citation1994 c. 18
Year1994
(1) In Part II of the Subject to the following provisions of this section, a person who satisfies either of the following conditions is entitled to short-term incapacity benefit in respect of any day of incapacity for work which forms part of a period of incapacity for work.he is under pensionable age on the day in question and satisfies the contribution conditions specified for short-term incapacity benefit in Schedule 3, Part I, paragraph 2; orhe would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below, orhe would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but for any such deferment or election.A person is not entitled to short-term incapacity benefit for the first 3 days of any period of incapacity for work.In any period of incapacity for work a person is not entitled to short-term incapacity benefit for more than 364 days.Where a person ceases by virtue of subsection (4) above to be entitled to short-term incapacity benefit, he is entitled to long-term incapacity benefit in respect of any subsequent day of incapacity for work in the same period of incapacity for work on which he is not over pensionable age.(2) In Schedule 3 to the (1) In Part II of the The amount payable by way of incapacity benefit in respect of any day is 1/7th of the appropriate weekly rate.Subject to the following provisions of this section, the weekly rate of short-term incapacity benefit is the lower or higher rate specified in Schedule 4, Part I, paragraph 2.The benefit is payable at the lower rate so specified for the first 196 days of entitlement in any period of incapacity for work and at the higher rate so specified thereafter.any increase (for married women) under section 53(2) below or (for deferred retirement) under Schedule 5 to this Act;any increase (for dependants) under section 80, 83 or 85 below; andany increase (for Category A or Category B pensioners) under section 150 of the Administration Act (annual up-rating) of the sums mentioned in subsection (1) (e) of that section.is terminally ill, orhe is entitled to the highest rate of the care component of disability living allowance,References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable to any person who has been entitled to that benefit for 196 days or more in a period of incapacity for work, notwithstanding that the rate of benefit is determined in accordance with subsection (3) or (4) above.Subject as follows, the weekly rate of long-term incapacity benefit under section 30A above is that specified in Schedule 4, Part I, paragraph 2A.Regulations may provide that if a person is, on the qualifying date in relation to a period of incapacity for work, under such age as may be prescribed, the rate of long-term incapacity benefit under section 30A above payable to him in respect of any day in that period shall be increased by such amount as may be prescribed.For this purpose “the qualifying date” means the first day of the period of incapacity for work or such earlier day as may be prescribed.(2) In Part I of Schedule 4 to the lower rate.................... £43.45higher rate.................... £52.50Long-term incapacity benefit.....................

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