PART III PROVISIONS FOR THE TRANSITION TO INCAPACITY BENEFIT FROM SICKNESS BENEFIT

Transitional provision for the treatment of earnings in respect of increases of short-term incapacity benefit for dependents

16.  Where—

(a) on or after the appointed day no increase of short-term Incapacity Benefit is payable for—

(i) an adult dependent as a consequence of regulation 5 (attribution of earnings) or regulation 10 (earnings rules for increases for adult dependents) of the Increases for Dependants Regulations, or

(ii) a child dependent as a consequence of section 80(3) and (4)(1) and regulation 5 of the Increases for Dependants Regulations; and

(b) the earnings which caused there to be no payment of an increase in paragraph (a) had already resulted in no payment of an increase before the appointed day,

a payment of an increase shall be made as if the provisions in the Contributions and Benefits Act in force immediately before the appointed day continued to have the effect in respect of those earnings and as if the Order and regulations 5 and 10 of the Increase for Dependants Regulations had not come into operation.

(1)

See Article 8 of S.R. 1994 No. 74