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The Social Security (Incapacity Benefit) (Her Majesty’s Forces) (Amendment) Regulations (Northern Ireland) 2003
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- 2003 No. 231
- Regulation 2
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Amendment of the Social Security (Incapacity Benefit) Regulations
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 –
“Inclusion of days of sickness absence from duty before discharge from Her Majesty’s forces in calculating days of entitlement to incapacity benefit
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.”.
(1)
S.R. 1994 No. 461; regulation 6B was inserted by regulation 3 of S.R. 2002 No. 359
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