The Social Security (Severe Disablement Allowance) Regulations 1984

Days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance

7.—(1) Subject to paragraph (3), for the purposes of severe disablement allowance a person shall not be treated as incapable of work for any day unless that day would be a day of incapacity for work under section 17(1)(a) of the Act or regulation 3, 5 or 7(1)(f) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (provisions for determining whether a day is one of incapacity for work for the purposes of sickness or invalidity benefit); and in the case of a person who has not attained retiring age, Sunday or the day which would be substituted for Sunday under regulation 4 of the said regulations of 1983 shall (except for the purposes of the requirements of section 36(2) or (3) of the Act as to the period for which a person must have been incapable of work as those apply in the case of a person who has not previously been entitled to severe disablement allowance) not be treated as a day on which that person is incapable of work.

(2) In determining for the purposes of section 36(2) or (3) of the Act whether a person has been incapable of work for a period of not less than 196 consecutive days, a day shall not be treated as a day on which that person was incapable of work if on that day he was undergoing imprisonment or detention in legal custody.

(3) A person who was incapable of work—

(a)for not less than 196 consecutive days commencing on or before he attained the age of 20, and

(b)for not less than 196 consecutive days immediately preceding the relevant day,

but who was capable of work for a period which does not, or for periods which in the aggregate do not, exceed 182 days where that period or those periods occurred

(i)after the 196 days mentioned in sub-paragraph (a) but before the 196 days mentioned in sub-paragraph (b), and

(ii)after he attained the age of 15 years 24 weeks,

shall be treated for the purposes of section 36(2)(b) of the Act, and for that purpose only, as incapable of work on each day within that period or those periods.