Social Security (Incapacity for Work) Act 1994

9 Severe disablement allowance. E+W+S

(1) Section 68 of the M1 Social Security Contributions and Benefits Act 1992 (severe disablement allowance) is amended as follows.

(2) After subsection (10) insert—

“(10A) Where—

(a) a person becomes engaged in training for work, and

(b) he was entitled to a severe disablement allowance for one or more of the 56 days immediately before he became so engaged, and

(c) the first day after he ceases to be so engaged is for him a day on which he is incapable of work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to a severe disablement allowance,

any day since that day in which he was engaged in training for work shall be treated for the purposes of any claim for a severe disablement allowance as having been a day on which he was both incapable of work and disabled.

In this subsection “training for work” means training for work in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or training of such other description as may be prescribed.”.

(3) In subsection (11) (regulation-making powers), after paragraph (c) insert—

“(cc) may prescribe evidence which is to be treated as establishing that a person suffers from loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.;”.

(4) In section 150 of the M2 Social Security Administration Act 1992 (annual up-rating of benefits), in subsection (3) (sums subject to mandatory up-rating), in paragraph (a) for “paragraph 1, 2, 4, 5 or 6 of Part III" substitute “ paragraphs 1 to 6 of Part III ”.

Commencement Information

I1 S. 9 wholly in force at 13.4.1995; s. 9 not in force at Royal Assent see s. 16(2)(3); s. 9(4) in force at 18.11.1994 and s. 9(1)(2)(3) in force for certain purposes at 18.11.1994 and insofar as not already in force at (13.4.1994) by S.I. 1994/2926, art. 2(1)

Marginal Citations

M1 1992 c. 4.

M2 1992 c. 5.