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National Insurance Act 1965

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This is the original version (as it was originally enacted).

19Unemployment or sickness benefit

(1)Subject to the provisions of this Act, a person who satisfies the requirements of subsection (2) or (3) of this section shall be entitled—

(a)to unemployment benefit in respect of any day of unemployment which forms part of a period of interruption of employment;

(b)to sickness benefit in respect of any day of incapacity for work which forms part of such a period,

at the weekly rate provided for by the said subsection (2) or, as the case may be, the said subsection (3).

(2)If the person claiming unemployment benefit or sickness benefit for any day—

(a)is under pensionable age on that day ; and

(b)satisfies the contribution conditions set out in paragraph 1 of Schedule 2 to this Act,

the benefit shall be payable at the appropriate weekly rate specified in relation thereto in column 2 of Schedule 3 to this Act.

(3)If the person claiming unemployment benefit or sickness benefit for any day—

(a)is over pensionable age but has not retired from regular employment; and

(b)would on that day be entitled to a retirement pension if he had retired from regular employment on attaining pensionable age and made the necessary claim,

the benefit shall be payable at the weekly rate at which, apart from any increase by virtue of any provision of this Act, the retirement pension would have been payable.

(4)In determining for the purposes of subsection (3) of this section the rate at which a retirement pension would have been payable, section 30(7) of this Act shall be deemed not to apply.

(5)In relation to a claimant or beneficiary who is a woman and is or has been married, the reference in subsection (3)(b) of this section to a retirement pension shall be construed as referring only to a retirement pension payable under section 30 of this Act by virtue of her own insurance.

(6)A person shall not be entitled either to unemployment benefit or to sickness benefit for the first three days of any period of interruption of employment unless, within the period of thirteen weeks beginning with the first of those days, he has a further nine days of interruption of employment forming part of the same period of interruption of employment.

(7)A woman who has been confined and is entitled to a maternity grant in respect of that confinement (or would be so entitled if she made the necessary claim) shall not be entitled to unemployment benefit or sickness benefit in respect of any day falling within the period of four weeks beginning with the date of the confinement; and this subsection shall apply in relation to a woman whose pregnancy is terminated otherwise than by confinement after she has become entitled to a maternity grant an expectation of her confinement as if she had been confined and the date of the confinement were the date on which her pregnancy is so terminated.

(8)The amount payable by way of benefit under this section for any day of unemployment or of incapacity for work shall be one-sixth of the appropriate weekly rate.

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