[F1Claim for incapacity benefit[F2, severe disablement allowance or employment and support allowance] where no entitlement to statutory sick pay or statutory maternity pay]E+W+S
10.—(1) [F3Paragraph (2) applies to a claim for incapacity benefit] for a period of incapacity for work of which the claimant gave his employer a notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 M1, and for which he has been informed in writing by his employer that there is no entitlement to statutory sick pay.
[F4(1A) Paragraph (2) also applies to a claim for an employment and support allowance for a period of limited capability for work in relation to which the claimant gave his employer a notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 , and for which he has been informed in writing by his employer that there is no entitlement to statutory sick pay.]
(2) A claim to which this paragraph applies shall be treated as made on the date accepted by the claimant's employer as the first day of incapacity, provided that he makes the claim–
(a)within the appropriate time specified in paragraph 2 of Schedule 4 beginning with the day on which he is informed in writing that he was not entitled to statutory sick pay; or
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Paragraph (4) applies to a claim for maternity allowance for a pregnancy or confinement by reason of which the claimant gave her employer notice of absence from work under section 46(4) of the Social Security Act 1986 and regulation 23 of the Statutory Maternity Pay (General) Regulations 1986 M2 and in respect of which she has been informed in writing by her employer that there is no entitlement to statutory maternity pay.
(4) A claim to which this paragraph applies shall be treated as made on the date when the claimant gave her employer notice of absence from work or at the beginning of the 14th week before the expected week of confinement, whichever is later, provided that she makes the claim–
(a)within [F6three months] of being informed in writing that she was not entitled to statutory maternity pay; or
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 10 heading substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 3
F2Words in reg. 10 heading substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 16(a)
F3Words in reg. 10(1) substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 3
F4Reg. 10(1A) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 16(b)
F5Reg. 10(2)(b) omitted (7.4.1997) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), regs. 1(1)(b), 4(a)
F6Words in reg. 10(4)(a) substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), regs. 1(1)(b), 4(b)(i)
F7Reg. 10(4)(b) omitted (7.4.1997) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), regs. 1(1)(b), 4(b)(ii)
Marginal Citations
M1S.I. 1982/894; the relevant amending instruments are S.I. 1984/385 and 1987/372.