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The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995

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Transitional awards of long-term incapacity benefit

17.—(1) Where a person is entitled to invalidity benefit immediately before the appointed day, that award of invalidity benefit shall have effect on or after the appointed day as if it were an award of long-term incapacity benefit; and such an award shall be referred to in these regulations as a transitional award of long-term incapacity benefit.

(2) Subject to regulations 29 to 32, a person’s entitlement to a transitional award of long-term incapacity benefit shall be subject to him being incapable of work as determined in accordance with Part XIIA of the Contributions and Benefits Act.

(3) A person who reaches pensionable age before the appointed day and who is entitled to a transitional award of long-term incapacity benefit under paragraph (1) shall continue to be entitled to that award on any day that he is incapable of work as determined in accordance with Part XIIA of the Contributions and Benefits Act for as long as he is not more than 5 years over pensionable age.

(4) Where a person who is incapable of work reaches pensionable age on or after the appointed day, entitlement to a transitional award of long-term incapacity benefit shall terminate on the date of his attaining pensionable age.

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