The Social Security (Incapacity Benefit) Regulations 1994

1 Citation and commencement

2 Interpretation

2ADisapplication of section 1(1A) of the Administration Act

PART 1ACONTRIBUTION CONDITIONS : SUPPLEMENTARY PROVISIONS

2BRelaxation of the first contribution condition in certain cases

PART II Entitlement to incapacity benefit: Supplementary provisions

3 Definition of “training for work” for the purposes of section 30C(6) of the Contributions and Benefits Act

4 Days not to be treated as days of incapacity for work

4ADays to be treated as days of incapacity for work

5 Night workers

5ACalculating periods of incapacity for work for welfare to work beneficiaries

6 Calculating periods of incapacity for work for persons receiving certain regular treatment

7 Days of statutory sick pay to be included in days of entitlement to incapacity benefit

7AEffect of statutory maternity pay on incapacity benefit

7BEffect of statutory adoption pay on incapacity benefit

7CInclusion of days of sickness absence from duty before discharge from Her Majesty’s forces in calculating days of entitlement to incapacity benefit

8 Limit of earnings from councillor’s allowance

9 Councillor’s allowance paid otherwise than weekly

PART III Rate of incapacity benefit

10Increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date

11 Qualifying date for entitlement to increased rate of incapacity benefit — previous entitlement to statutory sick pay

12 Qualifying date for entitlement to increased rate of incapacity benefit — members of the armed forces

13 Qualifying date for entitlement to increased rate of incapacity benefit — widows

PART IVADDITIONAL CONDITIONS FOR PERSONS INCAPACITATED IN YOUTH

15Age Exception—Persons aged 20 and under 25

16Conditions relating to residence or presence

17Circumstances in which a person is or is not to be treated as receiving full-time education

18Circumstances in which a previous claimant who does not satisfy the age condition becomes entitled

19Persons formerly entitled to severe disablement allowance

PART VREDUCTION OR ABATEMENT OF INCAPACITY BENEFIT FOR OCCUPATIONAL OR OTHER PENSION PAYMENTS

20Permanent health insurance

20AFinancial assistance scheme

21Disregard of certain pension payments

22Date from which pension payment is to be taken into account

23Date from which the change in the rate of pension takes effect

24Pension payment made other than weekly

25Priority of deductions of pension payments taken as payable for the purposes of reduction of incapacity benefit

26Person whose benefit is not to be reduced under section 30DD(1)

1994 No. 2946

SOCIAL SECURITY

The Social Security (Incapacity Benefit) Regulations 1994

Made21st November 1994

Laid before Parliament24th November 1994

Coming into force13th April 1995

The Secretary of State for Social Security in exercise of the powers conferred on him by sections 30B(7), 30C(3), (4)(a) and (6), 30D(3), 30E(1) and (2), 122, and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992M1 and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made by virtue of sections 2(1) and 3(1) of the Social Security (Incapacity for Work) Act 1994M2 and is made before the end of the period of 6 months beginning with the coming into force of that Act, hereby makes the following Regulations:

Annotations:

Marginal Citations

M1

1992 c.4. Section 30B was inserted by section 2(1) of the Social Security (Incapacity for Work) Act 1994 (c.18) and sections 30C, 30D and 30E were inserted by section 3(1) of that Act. Section 122 is cited for the definition of “prescribe” contained in that section.

M2

1994 c.18. See section 173(5)(a) of the Social Security Administration Act 1992 (c.5), the effect of which is that regulations made before the end of 6 months from the coming into force of the enactment under which they are made are not required to be referred to the Social Security Advisory Committee.