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The Social Security (Incapacity Benefit)(Transitional) Regulations 1995
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- UK Statutory Instruments
- 1995 No. 310
- PART III
- Regulation 11
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Transitional awards of short-term incapacity benefitE+W+S
11.—(1) Where a person is entitled to sickness benefit immediately before the appointed day, that award of sickness benefit shall have effect on or after the appointed day as if it were an award of short-term incapacity benefit; and such an award shall be referred to in these Regulations as a transitional award of short-term incapacity benefit.
(2) A person shall cease to be entitled to a transitional award of short-term incapacity benefit under paragraph (1)—
(a)when the period of incapacity for work comes to an end; or
(b)after 364 days of entitlement to short-term incapacity benefit in a period of incapacity for work; or
(c)if he was entitled to sickness benefit under section 102 of the 1992 Act (sickness benefit in respect of an industrial injury) immediately before the appointed day, when the incapacity for work is no longer a result of a personal injury of the kind mentioned in section 94(1) of the 1992 Act,
whichever first occurs.
(3) Subject to the provisions in Part VI, a person’s entitlement to a transitional award of short-term incapacity benefit shall be subject to him being incapable of work as determined in accordance with Part XIIA of the 1992 Act (incapacity for work) M1.
(4) [F1Subject to paragraph (5), where] a person ceases by virtue of paragraph (2)(b) to be entitled to a transitional award of short-term incapacity benefit he is, subject to him being incapable of work as determined in accordance with Part XIIA of the 1992 Act (incapacity for work), entitled to long-term incapacity benefit in the same period of incapacity for work in which he is not over pensionable age.
[F2(5) Where paragraph (4) applies to a person whose transitional award of short-term incapacity benefit was in respect of a personal injury of a kind mentioned in section 94(1) of the 1992 Act, he shall be entitled to the long-term incapacity benefit only if his incapacity for work continues to result from that personal injury.]
Textual Amendments
F1Words in reg. 11(4) substituted (6.1.1997) by The Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations 1996 (S.I. 1996/3207), regs. 1(1), 3(2)(a)
F2Reg. 11(5) inserted (6.1.1997) by The Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations 1996 (S.I. 1996/3207), regs. 1(1), 3(2)(b)
Marginal Citations
M1Part XIIA was inserted into the Social Security Contributions and Benefits Act 1992 by section 5 of the Social Security (Incapacity for Work) Act 1994.
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