Part II Contributory Benefits

Incapacity benefit

F130DIncapacity benefit: construction of references to days of entitlement.

(1)

The following provisions have effect in calculating for the purposes of—

(a)

section 30A(4) above (length of entitlement to short-term incapacity benefit),

(b)

section 30B(2) above (period after which short-term incapacity benefit is payable at higher rate),

(c)

section 30B(4) above (period after which incapacity benefit is payable at long-term rate in case of terminal illness), and

(d)

section 30B(5) above (construction of references to short-term incapacity benefit at the higher rate),

the number of days for which a person has been entitled to short-term incapacity benefit.

(2)

There shall be included—

(a)

the first three days of the period of incapacity for work, and

(b)

in the case of a woman, any days for which she was entitled to maternity allowance.

(3)

There shall also be included such days as may be prescribed in respect of which a person was entitled to statutory sick pay, and on the first of which he satisfied the contribution conditions for short-term incapacity benefit.

(4)

There shall be excluded any days in respect of which a person was disqualified for receiving incapacity benefit.