1. These Regulations may be cited as the Social Security (Incapacity Benefit) (Her Majesty’s Forces) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 5th May 2003.
2. In the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(1) after regulation 6B (effect of statutory adoption pay on incapacity benefit) there shall be inserted the following regulation –
6C.—(1) For the purpose of section 30D(3A) of the Contributions and Benefits Act (days prescribed in respect of person discharged from Her Majesty’s forces after 3rd May 2003) in calculating the number of days for which a person has been entitled to short-term incapacity benefit there shall be included any day which falls within a period –
(a)of 4 or more consecutive days each of which is a day when, according to records kept from time to time by the Secretary of State for Defence, the person was on sickness absence from duty; and
(b)which ends not more than 8 weeks before the first day of the period to which the claim for incapacity benefit relates.
(2) For the purpose of paragraph (1)(a) any two such periods not separated by a period of more than 8 weeks shall be treated as one period.”.
Sealed with the Official Seal of the Department for Social Development on 11th April 2003.
L.S.
Henry Johnston
Senior Officer of the
Department for Social Development