The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995

Special provisions for persons entitled to short-term incapacity benefit on termination of employment after a period of entitlement to disability working allowance

12.  Where a person who was entitled to a transitional award of short-term incapacity benefit becomes entitled to the higher rate of short-term incapacity benefit by virtue of section 30C(5)(1) (days and periods of incapacity for Work) and the rate of that benefit is less than the rate at which the transitional award of incapacity benefit would have been payable had he not ceased to be entitled to that award (incapacity benefit shall be payable at the latter rate until—

(a) in the case where transitional award included an increase under regulation 15(1), the conditions in regulation 15(3) are no longer satisfied; or

(b) in any other case, the rate of short-term incapacity benefit under section 30B (rate) together with any increase under section 86A(2) (increase for adult dependents) equals or exceeds that rate.

(1)

Section 30C is inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(2)

Section 86A is inserted by Article 4(4) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994