The Disability Working Allowance and Income Support (General) Amendment Regulations 1995

Further amendment of paragraph 12 of Schedule 2 to the Income Support Regulations E+W+S

17.  Paragraph 12 of Schedule 2 to the Income Support Regulations shall also be amended by—

(a) substituting for head (b) of sub-paragraph (1) the following head—

“(b) the claimant—

(i) is entitled to statutory sick pay or is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work) M1 , and

(ii) has been so entitled or so incapable for a continuous period of not less than—

(aa) 196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act M2 ; or

(bb) 364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and”

(b) omitting sub-paragraph (3).

Marginal Citations

M1 Part XIIA is inserted by sections 5 and 6(1) of the Social Security (Incapacity for Work) Act 1994.

M2 Section 30B is inserted by section 2(1) of the Social Security (Incapacity for Work) Act 1994.