The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995

Amendment of the Credits Regulations

6.—(1) The Credits Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation) after the definition of charity there shall be inserted the following definition—

““the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;”.

(3) In regulation 8(1) (credits on termination of full-time education, training or apprenticeship) for the words “sickness benefit” there shall be substituted the words “short-term incapacity benefit”.

(4) In regulation 9 (credits for unemployment or incapacity for work)—

(a) for paragraph (5) there shall be substituted the following paragraph—

“(5) Subject to paragraph (8), in this regulation except for paragraph (9)(f) a “day of incapacity for work in relation to any person” means any day which—

(a) was a day of incapacity for work under section 30C of the Contributions and Benefits Act(1) (incapacity benefit: days and periods of incapacity for work);

(b) would have been such a day had he claimed short-term incapacity benefit or maternity allowance within the prescribed time;

(c) was a day of incapacity for work for the purposes of statutory sick pay under section 151 of the Contributions and Benefits Act and fell within a period of entitlement under section 153 of that Act.”;

(b) in paragraph (8) for the words “paragraph 5(b) or (d)” there shall be substituted the words “paragraph (5)”.

(c) in paragraph (9)—

(i) for the words “sickness benefit” where they first occur and where they occur in sub-paragraphs (a), (c) and (f) there shall be substituted the words “short-term incapacity benefit”;

(ii) in sub-paragraph (b) for the words “invalidity pension under section 15 of the Act” there shall be substituted the words “short-term incapacity benefit at the higher rate and long-term incapacity benefit”;

(iii) in sub-paragraph (f) for the words “paragraph (5)(d)” there shall be substituted the words “paragraph (5)(c)”;

(iv) sub-paragraph (g) shall be omitted.

(1)

Section 30C is inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994.