The Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000

Transitional provision in relation to incapacity benefit

3.—(1) Notwithstanding the commencement of Article 59, where a person is entitled to incapacity benefit by virtue of paragraph 2 of Schedule 3 to the Contributions and Benefits Act(1) (contribution conditions for short-term incapacity benefit) on any day of incapacity for work in a period of incapacity for work beginning before 6th April 2001 which continues, whether or not by virtue of section 30C(2) or regulations made thereunder, on or after that date, that paragraph of that Schedule shall have effect in relation to him, in that period of incapacity for work, as if Article 59 had not been commenced.

(2) Notwithstanding the commencement of Article 60 and paragraph 21 of Schedule 8, where a person is entitled to incapacity benefit under sections 30A to 30E(3) on any day of incapacity for work in a period of incapacity for work beginning before 6th April 2001 which continues, whether or not by virtue of section 30C or regulations made thereunder, on or after that date, sections 30A to 30E shall have effect in relation to him, in that period of incapacity for work, as if Article 60 and paragraph 21 of Schedule 8 had not been commenced.

(1)

Paragraph 2 was amended by Articles 3(2) and 5(2) of, and paragraph 38(2) of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(2)

Sections 30C to 30E were inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(3)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and section 30B was inserted by Article 4(1) of that Order and the proviso in subsection (3) was amended by paragraphs 14(b) and 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))