Part IIIN.I. Non-Contributory Benefits

Modifications etc. (not altering text)

C1Pt. III (ss. 63-79) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

Severe disablement allowanceN.I.

68 Entitlement and rate.N.I.

(1)Subject to the provisions of this section, a person shall be entitled to a severe disablement allowance for any day (“the relevant day”) if he satisfies—

(a)the conditions specified in subsection (2) below; or

(b)the conditions specified in subsection (3) below.

(2)The conditions mentioned in subsection (1)(a) above are that—

(a)on the relevant day he is incapable of work; and

(b)he has been incapable of work for a period of not less than 196 consecutive days—

(i)beginning not later than the day on which he attained the age of 20; and

(ii)ending immediately before the relevant day.

(3)The conditions mentioned in subsection (1)(b) above are that—

(a)on the relevant day he is both incapable of work and disabled; and

(b)he has been both incapable of work and disabled for a period of not less than 196 consecutive days ending immediately before the relevant day.

(4)A person shall not be entitled to a severe disablement allowance if—

(a)he is under the age of 16;

(b)he is receiving full-time education;

(c)he does not satisfy the prescribed conditions—

(i)as to residence in Northern Ireland; or

(ii)as to presence there; or

(d)he has attained [F1the age of 65] and—

(i)was not entitled to a severe disablement allowance immediately before he attained that age; and

(ii)is not treated by regulations as having been so entitled immediately before he attained that age.

(5)A person shall not be entitled to a severe disablement allowance for any day which as between him and his employer falls within a period of entitlement for the purposes of statutory sick pay.

(6)A person is disabled for the purposes of this section if he suffers from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with Schedule 6 to this Act amounts to not less than 80 per cent.

(7)A severe disablement allowance shall be paid at the weekly rate specified in Schedule 4, Part III, paragraph 2.

(8)The amount of severe disablement allowance payable for any relevant day shall be [F21/7th of the weekly rate].

(9)In any case where—

(a)a severe disablement allowance is payable to a woman in respect of one or more relevant days in a week; and

(b)an amount of statutory maternity pay becomes payable to her on any day in that week,

the amount of the severe disablement allowance (including any increase for a child or adult dependant under section 90(a) below) so payable shall be reduced by the amount of the statutory maternity pay, and only the balance (if any) shall be payable.

(10)Where—

(a)a person who is engaged and normally engaged in remunerative work ceases to be so engaged; and

(b)he is entitled to a [F3disabled person’s tax credit] for the week in which there falls the last day on which he is so engaged; and

(c)he qualified for a [F3disabled person’s tax credit] for that week by virtue of a severe disablement allowance having been payable to him; and

(d)the first day after he ceases to be engaged as mentioned in paragraph (a) above is a day on which he is incapable of work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to a severe disablement allowance,

any day since that day which fell within a week for which he was entitled to a [F3disabled person’s tax credit] shall be treated for the purposes of any claim for a severe disablement allowance for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day on which he was both incapable of work and disabled.

[F4(10A)Where—

(a)a person becomes engaged in training for work; and

(b)he was entitled to a severe disablement allowance for one or more of the 56 days immediately before he became so engaged; and

(c)the first day after he ceases to be so engaged is for him a day on which he is incapable of work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to a severe disablement allowance,

any day since that day in which he was engaged in training for work shall be treated for the purposes of any claim for a severe disablement allowance as having been a day on which he was both incapable of work and disabled.

In this subsection “training for work” means training for work in pursuance of arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950 or training of such other description as may be prescribed.]

(11)Regulations—

(a)may direct that persons who—

(i)have attained [F5the age of 65]; and

(ii)were entitled to a severe disablement allowance immediately before they attained that age,

shall continue to be so entitled notwithstanding that they do not satisfy the conditions specified in subsection (2) or (3) above;

(b)may direct—

(i)that persons who have previously been entitled to a severe disablement allowance shall be entitled to such an allowance notwithstanding that they do not satisfy the conditions specified in subsection (2)(b) or (3)(b) above;

(ii)that subsections (2)(b) and (3)(b) above shall have effect in relation to such persons subject to such modifications as may be specified in the regulations;

[F6(ca)may prescribe the circumstances in which a person is or is not to be treated as incapable of work;

(cb)may prescribe the circumstances in which a person is or is not to be treated as receiving full-time education;]

[F7(cc)may prescribe evidence which is to be treated as establishing that a person suffers from loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.;]

[F8and

(d)may make in relation to severe disablement allowance any such provision as is made in relation to incapacity benefit by section 30E above.]

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(13)In this section “retiring age” means 70 in the case of a man and 65 in the case of a woman.]

Textual Amendments

F1Words in s. 68(4)(d) substituted (28.10.1994) by S.R. 1994/370, regs. 1, 2(2)(a)

F3Words in s. 68(10) substituted (5.10.1999) by 1999 c. 10, ss. 1(2), 20(1), Sch. 1 paras. 1(b), 4(d)

F4S. 68(10A) inserted (21.11.1994 for the purpose of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), art. 11(2) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. II

F5Words in s. 68(11)(a)(i) substituted (28.10.1994) by S.R. 1994/370, regs. 1, 2(2)(b)

F7S. 68(11)(cc) inserted (21.11.1994 for the purpose of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), art. 11(3) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. II

F8S. 68(11)(d) and the preceding word substituted for s. 68(11)(d) (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 para. 18(4) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV

Modifications etc. (not altering text)

C3S. 68 modified (13.1.1994) by S.R. 1984/317, reg. 19(1A) (as inserted (13.1.1994) by S.R. 1993/487, reg. 2)

C5S. 68(2)(3) amended (13.4.1995) by S.R. 1984/317, reg. 7(2) (as substituted by S.R. 1994/462, reg. 2(5)(b))

C6S. 68(4)(d) modified (13.1.1994) by S.R. 1984/317, reg. 19(1A) (as inserted (13.1.1994) by S.R. 1993/487, reg. 2)