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The Social Security (Incapacity for Work) (General) Regulations 1995

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Person who works to be treated as capable of workE+W+S

[F116.(1) A person shall be treated as capable of work on each day of any week during which he does work.

(2) Paragraph (1) applies even if—

(a)it has been determined that he is, or is to be treated under any of regulations 10 to 15 or regulation 27 as, incapable of work, or

(b)he meets the conditions set out in regulation 28(2) for treating a person as incapable of work in accordance with the personal capability assessment until a determination has been made in accordance with that assessment.

(3) Paragraph (1) does not apply to—

(a)work as a councillor disregarded under section 171F of the Contributions and Benefits Act,

(b)approved work under regulation 10A,

(c)care of a relative or domestic tasks carried out in his own home,

(d)any activity he undertakes during an emergency solely to protect another person or to prevent serious damage to property or livestock, or

(e)any of the categories of work set out in regulation 17 (exempt work).

(4) This regulation is subject to regulation 13(3) (person receiving certain regular treatment).

(5) A person who does work to which this regulation applies in a week which is—

(a)the week in which he first becomes entitled to a benefit, allowance or advantage on account of his incapacity for work in any period, or

(b)the last week in any period in which he is incapable of work,

shall be treated as capable of work by virtue of paragraph (1) only on the actual day or days in that week on which he does that work.

(6) In this regulation—

“week” means a period of 7 days beginning with Sunday,

“work” means any work which a person does, whether or not he undertakes it in expectation of payment.]

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