The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

Persons deemed to be incapable of work

3.—(1) A person who is not incapable of work may be deemed to be incapable of work by reason of some specific disease or bodily or mental disablement for any day on which either—

(a) (i) he is under medical care in respect of a disease or disablement as aforesaid;

(ii) it is certified by a registered medical practitioner that, for precautionary or convalescent reasons consequential on such disease or disablement, he should abstain from work; and

(iii) he does not work; or

(b) he is excluded from work on the certificate of a Medical Officer for Environmental Health and is under medical observation by reason of his being a carrier, or having been in contact with a case, of infectious disease.

(2) A person, who at the commencement of any day is, or thereafter on that day becomes, incapable of work by reason of some specific disease or bodily or mental disablement and does no work as an employed earner or self-employed earner on that day, shall be deemed to be so incapable of work throughout that day.

(3) A person, who is suffering from some specific disease or bodily or mental disablement but who, by reason only of the fact that he has done some work while so suffering, is found not to be incapable of work by reason thereof, may be deemed to be so incapable if that work is—

(i) work which is undertaken under medical supervision as part of his treatment while he is a patient in or of a hospital or similar institution, or

(ii) work which is not so undertaken and which he has good cause for doing,

and from which, in either case, his earnings do not ordinarily exceed £22.50 a week.