Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/564 |
| Year | 1975 |
1975 No. 564
SOCIAL SECURITY
The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 19753rdApril 1975
4thApril 1975
6thApril 1975
The Secretary of State for Social Services, in exercise of powers conferred upon her by sections 16(1), 17(1)(a) and (e), 17(2), 20(2), 33(2) and (3), 44(3)(b), 47(1)(b), 79(3) and (4) and 131 of the Social Security Act 1975(a) and section 2(1) of, and paragraphs 3 and 9 of Schedule 3 to, the Social Security (Consequential Provisions) Act 1975(b) and of all other powers enabling her in that behalf, without having referred any proposals on the matter to the National Insurance Advisory Committee since it appears to her that by reason of urgency it is unexpedient to do so, hereby makes the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1975 and shall come into operation on 6th April 1975.
(2) In these regulations, unless the context otherwise requires, "the Act" means the Social Security Act 1975, and other expressions have the same meanings as in the Act.
(3) Unless the context otherwise requires, any reference in these regulations to
(a) a numbered section or Schedule is to the section of or, as the case may be, the Schedule to the Act bearing that number;
(b) a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;
(c) any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.
(a) 1975 c. 14.
(b) 1975 c. 18.
(4) The rules for the construction of Acts of Parliament contained in the, Interpretation Act 1889(a) shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
The provisions of the Social Security (Short-Term Benefits) (Transitional) Regulations 1974 to override the provisions of these regulations
2. The provisions of these regulations shall have effect subject to the provisions of the Social Security (Short-Term Benefits) (Transitional) Regulations 1974(b).
Persons deemed to be incapable of work
3.—(1) A person who is not incapable of work may be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day on which either—
(a) (i) he is under medical care in respect of a disease or disablement as aforesaid,
(ii) it is certified by a registered medical practitioner that by reason of such disease or disablement he should abstain from work, and
(iii) he does not work; or
(b) he is excluded from work on the certificate of a Medical Officer for Environmental Health and is under medical observation by reason of his being a carrier, or having been in contact with a case, of infectious disease.
(2) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does no work as an employed earner or self-employed earner on that day shall be deemed to be so incapable of work throughout that day.
Special provisions relating to day substituted for Sunday
4.—(1) In the case of a person who—
(a) in any week in which, in the normal course, he would work as an employed earner on not more than 6 days including the Sunday, is unemployed on that Sunday; and
(b) claims unemployment benefit for that Sunday,
the day of that week on which, in the normal course, he would not work as an employed earner, or if that week contains more than one day on which in the normal course he would not so work the later or last of those days, shall be substituted for that Sunday as a day which, by virtue of section 17(1)(e), is not to be treated as a day of unemployment or of incapacity for work for the purposes of any provision of the Act relating to unemployment, sickness or invalidity benefit, and for those purposes is to be disregarded in computing any period of consecutive days.
(a) 1889 c. 63.
(b) S.I. 1974/2192 (1974 III, p. 8604).
(2) In the application to a person of paragraph (1)(a), no account shall be taken of any period of short-time working due to adverse industrial conditions in determining whether in any week, in the normal course, a person would work as an employed person on not more than 6 days including the Sunday.
(3) In the case of a person who—
(a) in any week, in the normal course, would not work as an employed person on the Sunday;
(b) objects on religious grounds to working on a specific day in each week other than Sunday, but does not so object to working on Sunday; and
(c) in respect of that week is unemployed on and claims unemployment benefit for Sunday,
that specific day shall in that week be substituted for Sunday as a day which, by virtue of section 17(1)(e), is not to be treated as a day of unemployment or of incapacity for work for the purposes of any provision of the Act relating to unemployment, sickness or invalidity benefit, and for those purposes is to be disregarded in computing any period of consecutive days.
Night workers
5.—(1) For the purposes of unemployment benefit, sickness benefit and invalidity benefit, where a period of employment commencing on any day extends over midnight into the following day, the person employed shall, in respect of such period—
(a) be treated as having been employed on the first day only, if the employment before midnight is of longer duration than that after midnight, and, in that case, the first day shall not be treated as a day of interruption of employment; or
(b) be treated as having been employed on the second day only, if the employment after midnight is of longer duration than that before midnight, or if the employment before and after midnight is of equal duration, and, in either of these cases, the second day shall not be treated as a day of interruption of employment.
(2) Where a person—
(a) is, by virtue of paragraph (1), to be treated as having been employed on one day only of two days; and
(b) throughout that part of the other of those two days during which he is not employed is, or is deemed in accordance with regulations to be, available to be employed in employed earner's employment or incapable of work by reason of some specific disease or bodily or mental disablement,
that person shall be deemed to be so available or, as the case may be, to be so incapable of work throughout that other of those two days.
(3) Where a person—
(a) is, by virtue of paragraph (1), to be treated as having been employed on the second day only of two days; and
(b) throughout the day immediately preceding the first of those two days is, or is deemed in accordance with regulations to be, incapable of work by reason of some specific disease or bodily or mental disablement, that person shall, for the purposes of sickness or invalidity benefit, be deemed to be so incapable of work throughout the first of those two days.
Provisions relating to suspension of employment in employed earner's employment
6.—(1) Where an employed earner's employment has not been terminated but a person's employment therein has been suspended, that employment shall, for the purpose of section 17(1)(b) as substituted by section 17(3)(a), be treated as having been terminated if the occupation in that employment is one which falls to be disregarded under regulation 7(1)(h).
(2) For the purpose of section 17(1)(b) as substituted by section 17(3)(a), a person's employment in an employed earner's employment shall be treated as having been suspended, notwithstanding that he is or was incapable of work on any day, if it would have been so treated had that person not been incapable of work on that day, and any such day of incapacity shall be treated as the first or a later day in a continuous period of suspension if it would have been so treated had that person not been incapable of work on that day.
(3) For the purpose of determining the seventh or a later day in a continuous period of days on which an employed earner's employment has been suspended by the employer, there shall be disregarded the last day on which work in that employment was available to the employed earner and any days before that day.
Days not to be treated as days of unemployment or incapacity for work
7.—(1) For the purposes of unemployment, sickness and invalidity benefit—
(a) where in respect of any day a person places restrictions on the nature, hours, rate of remuneration or locality or other conditions of employment which he is prepared to accept and as a consequence of those restrictions has no reasonable prospects of securing employment, that day shall not be treated as a day of unemployment unless—
(i) he is prevented from having reasonable prospects of securing employment consistent with those restrictions only as a result of adverse industrial conditions in the locality or localities concerned which may reasonably be regarded as temporary, and, having regard to all the circumstances, personal and other, the restrictions which he imposes are reasonable, or
(ii) the restrictions are nevertheless reasonable in view of his physical condition, or
(iii) the restrictions are nevertheless reasonable having regard both to the nature of his usual occupation and also to the time which has time which has elapsed since he became unemployed;
(b) a day shall not be treated as a day of unemployment if it is a day in respect of which a person is disqualified for receiving unemployment benefit;
(c) a day shall not be treated as a day of incapacity for work if it is a day in...
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