F2C1C2PART XIIA INCAPACITY FOR WORK

Annotations:
Amendments (Textual)
F2

Pt. XIIA (ss. 167A-167C) inserted (21.11.1994 for the purpose only of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), arts. 7, 8; S.R. 1994/450 (N.I. 12), art. 2(b), Sch. Pt. II

Modifications etc. (not altering text)
C1

Pt. XIIA (ss. 167A-167C) applied (13.4.1995) by S.R. 1995/35, regs. 29, 30

C2

Pt. XIIA (ss. 167A-167C) applied (with modifications) (5.2.1996 for the purpose of authorising the making of regulations and 7.10.1996 otherwise) by S.I. 1995/2705 (N.I. 15), art. 23, Sch. 1 para. 2; S.R. 1996/26, art. 2(d), Sch.; S.R. 1996/401, art. 2

F1167F Incapacity for work: work as councillor to be disregarded.

1

In determining whether a person is capable or incapable of work, there shall be disregarded any work which that person has undertaken as a councillor.

2

For this purpose “councillor” means a member of a district council.

3

The reference in subsection (1) above to the work which a person undertakes as a councillor shall be taken to include any work which he undertakes as a member of any body established under any statutory provision of which he is a member by virtue of his being a councillor.

4

In making any such determination as is mentioned in subsection (1) above a person shall be treated as having been incapable of work on any day which falls in the pre-commencement period and which—

a

would have been treated as a day on which he was so incapable, were there disregarded any work which he undertook (or was capable of undertaking) as a councillor; but

b

would not have been so treated apart from this subsection.

The “pre-commencement period” means the period beginning with 11th May 1987 and ending immediately before 9th October 1989 (the coming into operation of paragraph 2 of Schedule 8 to the Social Security (Northern Ireland) Order 1989, which made provision corresponding to the provision made by this section).