The Social Security Contributions and Benefits Act 1992 (Modifications for Her Majesty’s Forces and Incapacity Benefit) Regulations 2003 No. 737

Modification of section 30A of the Social Security Contributions and Benefits Act 1992

2.  Section 30A of the Social Security Contributions and Benefits Act 1992 (entitlement to incapacity benefit)(1) shall be modified, in respect of persons who have been members of Her Majesty’s forces, as if—

(a) at the beginning of subsection (3), there were inserted “Subject to subsection (3A),”, and

(b) after subsection (3), there were inserted—

“(3A) Subsection (3) does not apply to a person—

(a) who is discharged from Her Majesty’s forces, and

(b) for whom days of sickness absence from duty, which are recorded by the Secretary of State for Defence, are included in calculating the number of days for which the person has been entitled to short-term incapacity benefit.”.

(1)

Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 and amended by section 64 of the Welfare Reform and Pensions Act 1999 (c. 30).