The Social Security (Incapacity Benefit) Regulations 1994

[F1 Circumstances in which a previous claimant who does not satisfy the age condition becomes entitled E+W+S

18.— (1) This regulation applies, for the purposes of section 30A(6) of the Contributions and Benefits Act, to a person who has previously been entitled to incapacity benefit under section 30A(1)(b) of that Act (persons incapacitated in youth) and does not satisfy the condition set out in section 30A(2A)(b) of that Act (upper age condition).

(2) A person shall be entitled to the lower rate short-term incapacity benefit where—

(a) he has previously been entitled to incapacity benefit by virtue of having been a person incapacitated in youth under section 30A(1)(b) and (2A) of the Contributions and Benefits Act;

(b) his previous entitlement had not been ended by a determination (other than a determination in the circumstances applicable to a person under paragraph (3)(a) or (4)(a)) that he was, or was treated as, capable of work;

(c) section 30C(1)(c), (5) or (6) of the Contributions and Benefits Act (days and periods of incapacity for work) or any regulation made under section 30C(4)(b) (linking provisions) does not apply in his case;

(d) he is aged 20 years or over, or, where regulation 15 would otherwise apply to him, aged 25 years or over; and

(e) he is a person to whom paragraph (3) or (4) applies.

(3) This paragraph applies to a person—

(a) whose previous entitlement to incapacity benefit for a person incapacitated in youth was terminated solely with a view to him taking up an employment or training;

(b) whose earnings [F2 factor] from an employment or series of employments, which he pursued in the period from the termination of his previous entitlement to the beginning of his period of incapacity for work, [F3 was] below the lower earnings limit in accordance with section 5(1)(a) of the Contributions and Benefits Act multiplied by 25 in any of the last three complete tax years before the beginning of the relevant benefit year; and

(c) who—

(i) in respect of the last two complete tax years before the beginning of the relevant benefit year has either paid or been credited with earnings equivalent in each of those years to the year’s lower earnings limit multiplied by 50, of which at least one, in the last tax year, was in respect of disabled person’s tax credit; or

(ii) within a period of 56 days after the day he ceased his last such employment as he pursued in accordance with sub-paragraph (b), makes a claim for incapacity benefit for persons incapacitated in youth.

(4) This paragraph applies to a person—

(a) whose previous entitlement to incapacity benefit for persons incapacitated in youth was terminated by reason solely of his absence from Great Britain by virtue of disqualification under section 113 of the Contributions and Benefits Act;

(b) who has been incapable of work for a period of 196 consecutive days from the day of his absence from Great Britain ceased;

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (d) who made his claim for benefit on a day not later than 3 months from the end of the period of 196 days described in sub-paragraph (b).]

(5) For the purposes of this regulation, “training” has the same meaning as in regulation 15.]

Textual Amendments

F1 Pt. 4, 5 inserted (6.4.2001) by The Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000 (S.I. 2000/3120), regs. 1, 2(5) (with reg. 6)

F2 Word in reg. 18(3)(b) inserted (25.4.2001) by The Social Security (Incapacity Benefit) Amendment Regulations 2001 (S.I. 2001/1305), regs. 1, 2(4)(a)

F3 Word in reg. 18(3)(b) substituted (25.4.2001) by The Social Security (Incapacity Benefit) Amendment Regulations 2001 (S.I. 2001/1305), regs. 1, 2(4)(b)

F4 Reg. 18(4)(c) omitted (1.1.2003) by virtue of The Social Security (Incapacity) (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2311), regs. 1(1)(b), 3(2)(a)

F5 Reg. 18(4)(d) substituted (1.1.2003) by The Social Security (Incapacity) (Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2311), regs. 1(1)(b), 3(2)(b)