Part V

Welfare
Chapter I

Social security benefits

Incapacity benefits

Incapacity benefit: persons incapacitated in youth.
64
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,
; and
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” 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 Great Britain, 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 inserted—
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 that subsection.
S. 64 wholly in force at 6.4.2001; s. 64 in force for certain purposes at 3.11.2000 and for all other purposes at 6.4.2001 by S.I. 2000/2958, art. 2(3)(c)(4)(5) (subject to arts. 3, 4) (as amended (13.3.2001) by S.I. 2001/933, art. 3)