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Social Security and Housing Benefits Act 1982

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This is the original version (as it was originally enacted).

Sickness and unemployment benefit

3(1)This paragraph applies in any case where—

(a)a period of entitlement as between an employee and an employer of his comes to an end ; and

(b)the first day immediately following the day on which the period of entitlement came to an end—

(i)is a day of incapacity for work in relation to that employee ; and

(ii)is not prevented by paragraph 1 above from being treated as a day of incapacity for work for the purposes of determining whether a period is a period of interruption of employment.

(2)In a case to which this paragraph applies, the day of incapacity for work mentioned in sub-paragraph (1)(b) above shall, except in prescribed cases, be or as the case may be form part of a period of interruption of employment notwithstanding section 17(1)(d)(ii) of the principal Act (which requires a period of interruption of employment to consist of four or more consecutive days of incapacity for work).

(3)Where each of the first two consecutive days, or the first three consecutive days, following the day on which the period of entitlement came to an end is a day falling within sub-paragraphs (i) and (ii) of sub-paragraph (1)(b) above, sub-paragraph (2) above shall have effect in relation to the second day or, as the case may be, the second and third days, as it has effect in relation to the first day.

(4)Any day which is, by virtue of section 17(1)(e) of the principal Act, to be disregarded in computing any period of consecutive days for the purposes of that Act shall be disregarded in determining, for the purposes of this paragraph, whether a day is the first day following the end of a period of entitlement or, as the case may be, the second or third consecutive such day.

4(1)This paragraph applies in any case where—

(a)a period of entitlement as between an employee and an employer of his comes to an end ; and

(b)that employee has a day of incapacity for work which—

(i)is, or forms part of, a period of interruption of employment; and

(ii)falls within the period of 57 days immediately following the day on which the period of entitlement came to an end.

(2)In a case to which this paragraph applies, section 14(3) of the principal Act (which provides for no entitlement to unemployment or sickness benefit for the first three days of any period of interruption of employment) shall not apply in relation to a day of incapacity for work of a kind mentioned in sub-paragraph (1)(b) above or to any later day in the period of interruption of employment concerned.

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