PART VIWELFARE

CHAPTER ISOCIAL SECURITY BENEFITS

Incapacity benefits

Incapacity benefit: persons incapacitated in youth61

1

In subsection (1) of section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement)—

a

for “either of the following conditions” there shall be substituted—

a

either of the conditions mentioned in subsection (2) below; or

b

if he satisfies neither of those conditions, each of the conditions mentioned in subsection (2A) below,

b

after “any day of incapacity for work” there shall be inserted

  • “(“the relevant day”)”.

2

In subsection (2) of that section—

a

after “conditions” in the first place where that word occurs, there shall be inserted “mentioned in subsection (1)(a) above”; and

b

in paragraph (a), for “the day in question” there shall be substituted “the relevant day”.

3

After that subsection there shall be inserted—

2A

The conditions mentioned in subsection (1)(b) above are that—

a

he is aged 16 or over on the relevant day;

b

he is under the age of 20 or, in prescribed cases, 25 on a day which forms part of the period of incapacity for work;

c

he was incapable of work throughout a period of 196 consecutive days immediately preceding the relevant day, or an earlier day in the period of incapacity for work on which he was aged 16 or over;

d

on the relevant day he satisfies the prescribed conditions as to residence in Northern Ireland, or as to presence there; and

e

he is not, on that day, a person who is receiving full-time education.

4

In subsection (3) of that section, after “benefit” there shall be inserted “under subsection (1)(a) above”.

5

After subsection (5) of that section there shall be added—

6

Regulations may provide that persons who have previously been entitled to incapacity benefit shall, in prescribed circumstances, be entitled to short-term incapacity benefit under subsection (1)(b) above notwithstanding that they do not satisfy the condition set out in paragraph (b) of subsection (2A) above.

7

Regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time education for the purposes of paragraph (e) of subsection (2A) above.