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.