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Social Security Contributions and Benefits (Northern Ireland) Act 1992

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Changes over time for: Section 30A

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Version Superseded: 03/11/2000

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Point in time view as at 10/04/2000. This version of this provision has been superseded. Help about Status

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Social Security Contributions and Benefits (Northern Ireland) Act 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

[F130A Incapacity benefit: entitlement.N.I.

(1)Subject to the following provisions of this section, a person who satisfies either of the following conditions is entitled to short-term incapacity benefit in respect of any day of incapacity for work which forms part of a period of incapacity for work.

(2)The conditions are that—

(a)he is under pensionable age on the day in question and satisfies the contribution conditions specified for short-term incapacity benefit in Schedule 3, paragraph 2; or

(b)on that day he is over pensionable age but not more than 5 years over that age, the period of incapacity for work began before he attained pensionable age, and—

(i)he would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below; or

(ii)he would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but for any such deferment or election.

(3)A person is not entitled to short-term incapacity benefit for the first 3 days of any period of incapacity for work.

(4)In any period of incapacity for work a person is not entitled to short-term incapacity benefit for more than 364 days.

(5)Where a person ceases by virtue of subsection (4) above to be entitled to short-term incapacity benefit, he is entitled to long-term incapacity benefit in respect of any subsequent day of incapacity for work in the same period of incapacity for work on which he is not over pensionable age.]

Textual Amendments

F1S. 30A and preceding cross-heading inserted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 3(1); S.R. 1994/450, art. 2(d), Sch. Pt. IV

Modifications etc. (not altering text)

C1S. 30A(4) modified (13.4.1995) by S.R. 1995/35, reg. 4

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