The Social Security (Welfare to Work) Regulations 1998

Calculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases17B

For the purposes of transitional cases, where a person, to whom regulation 17(1) (transitional awards of long-term incapacity benefit) or regulation 17A (awards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link) applies, has been determined in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 to have become a welfare to work beneficiary, section 30C(1)(c) of the 1992 Act (any two periods of incapacity for work not separated by a period of more than 8 weeks shall be treated as one period of incapacity for work) shall have effect as if for the reference to 8 weeks there were substituted a reference to 52 weeks.

Welfare to work beneficiary13A

1

Subject to paragraph (3), a person is a “welfare to work beneficiary" on any day in a linking term, where he–

a

was incapable of work for a period of incapacity for work of more than 196 days in his immediate past period of incapacity for work;

b

ceased to be entitled to the benefit at the end of that immediate past period of incapacity for work on a day which falls on or after 5th October 1998;

c

became engaged in remunerative work within one week of so ceasing to be entitled to that benefit at the end of that immediate past period of incapacity for work; and

d

either–

i

gave notice, within a period of a month after so ceasing to be entitled to that benefit, to the Secretary of State that he had been engaged in remunerative work within one week from the end of that past period of incapacity for work, or

ii

had successfully appealed against an assessment made in respect of the all work test or a determination in respect of the own occupation test in relation to his immediate past period of incapacity for work, which period, had that assessment or determination not been made, would have consisted of a period of incapacity for work of more than 196 days.

2

A welfare to work beneficiary shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total, beginning within the linking term and ending on a day not later than 13 weeks from the end of that linking term, where he–

a

claims benefit for any day falling within that linking term;

b

submits evidence in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 F13; and

c

in his immediate past period of incapacity for work–

i

had been assessed and satisfied the all work test in accordance with Part III, or

ii

had been treated under regulation 10 (certain persons with a severe condition to be treated as incapable of work) as incapable of work.

3

a person is not a welfare to work beneficiary under paragraph (1) if–

a

his immediate past period of incapacity for work was ended by a determination (other than a determination in the circumstances applicable to a person under paragraph (1)) that he was, or was treated as, capable of work; or

b

his immediate past period of incapacity for work ended within a period of less than 28 weeks from the end of his last linking term.

4

For the purposes of this regulation–

“benefit" means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay), or under the Jobseekers Act 1995 F14, for which entitlement is dependent on incapacity for work;

“linking term" means a period of 52 weeks (whether or not broken by days of incapacity for work) fixed on the first day immediately following the last day of incapacity in a period of incapacity for work;

“immediate past period of incapacity for work" means a period of incapacity for work under section 30C(1) of the Contributions and Benefits Act F15;

“remunerative work" means–

a

work (other than exempt work under regulation 17) for which payment is made or which is done in expectation of payment, or

b

attendance on a training course in respect of which the person receives a training allowance in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 F16 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 F17.

1B

For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total for which he makes a claim for severe disablement allowance, beginning within a linking term and ending on a day not later than 13 weeks from the end of that linking term in respect of which he has been determined to be a person who is a welfare to work beneficiary; and in this paragraph “linking term" and “welfare to work beneficiary" have the meanings given in regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 (welfare to work beneficiary).

• “welfare to work beneficiary" means a person–

  1. a

     to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and

  2. b

     who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992 F27;

• “welfare to work beneficiary" means a person–

  1. a

     to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and

  2. b

     who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992;

3

In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “52 weeks".

12

Where the claimant’s partner to whom this paragraph applies is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii), (1)(d) and (1)(f)(iii) shall apply to him as if for the words “twelve weeks" there were substituted the words “52 weeks".