2.—(1) Where, on 12th April 1995, the disability premium was applicable to a claimant by virtue of paragraph 12(1)(b) of Schedule 2 to the former Regulations as in operation on that date, the disability premium shall continue to be applicable to that claimant from 13th April 1995 and for so long as he is incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act (incapacity for work).
(2) Where on 12th April 1995, the disability premium was applicable to a claimant and in the period from 13th April 1995 to 1st October 1995 sub-paragraph (1) either did not apply or ceased to apply in his case, if—
(a)for the period for which sub-paragraph (1) did not apply or ceased to apply, the claimant was incapable of work or was treated as incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act; and
(b)any break in the period of incapacity did not exceed a period of 56 continuous days,
with effect from 2nd October 1995 for so long as he is incapable of work or is treated as incapable of work, the disability premium shall be applicable in his case.
(3) Sub-paragraphs (1) and (2) shall not apply to a claimant who ceases to be incapable of work or ceases to be treated as incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act for a period of more than 56 continuous days.
(4) Where, in any period immediately preceding 13th April 1995, the circumstances mentioned in paragraph 12(6) of Schedule 2 to the former Regulations, as in operation on 12th April 1995, applied to a claimant to whom the disability premium was not applicable, that claimant shall be treated for the purposes of regulations 25(11)(c) and 53(2)(e) of, and paragraph 13(1)(b) of Schedule 4 to, the Housing Benefit Regulations as if he had been incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act throughout that period.
Commencement Information
I1Sch. 3 para. 2 in operation at 20.11.2006, see reg. 1(1)