C2C5 Part II Contributory Benefits
F1Incapacity benefit
S. 30A and cross-heading inserted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), ss. 1(1), 16(3) (with s. 4); S.I. 1994/2926, art. 2(4), Sch. Pt. 4 (with The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310))
C3C430A Incapacity benefit: entitlement.
1
Subject to the following provisions of this section, a person who satisfies
F2a
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,
is entitled to short-term incapacity benefit in respect of any day of incapacity for work F3(“the relevant day”) which forms part of a period of incapacity for work.
2
The conditions F4mentioned in subsection (1)(a) above are that—
a
he is under pensionable age on F5the relevant day and satisfies the contribution conditions specified for short-term incapacity benefit in Schedule 3, Part I, paragraph 2; or
b
on that day he is over pensionable age but not more than 5 years over that age, the period of incapacity for work began before he attained pensionable age, and—
i
he would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below, or
ii
he would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse F9or deceased civil partner, but for any such deferment or election.
F62A
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 Great Britain, or as to presence there; and
e
he is not, on that day, a person who is receiving full-time education.
3
A person is not entitled to short-term incapacity benefit F7under subsection (1)(a) above for the first 3 days of any period of incapacity for work.
4
In any period of incapacity for work a person is not entitled to short-term incapacity benefit for more than 364 days.
5
Where a person ceases by virtue of subsection (4) above to be entitled to short-term incapacity benefit, he is entitled to long-term incapacity benefit in respect of any subsequent day of incapacity for work in the same period of incapacity for work on which he is not over pensionable age.
F86
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 that subsection.
Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV