Social Security (Incapacity for Work) Act 1994

Other amendments

9 Severe disablement allowance

(1) Section 68 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (severe disablement allowance) is amended as follows.

(2) After subsection (10) insert—

“(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 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or training of such other description as may be prescribed.”.

(3) In subsection (11) (regulation-making powers), after paragraph (c) insert—

“(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.;”.

(4) In section 150 of the [1992 c. 5.] Social Security Administration Act 1992 (annual up-rating of benefits), in subsection (3) (sums subject to mandatory up-rating), in paragraph (a) for “paragraph 1, 2, 4, 5 or 6 of Part III” substitute “paragraphs 1 to 6 of Part III”.

10 Disability working allowance

(1) Section 129 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (disability working allowance) is amended as follows.

(2) In subsection (1) (conditions of entitlement) for “qualifies under subsection (2) below” substitute “qualifies under subsection (2) or (2A) below”.

(3) After subsection (2) insert—

“(2A) A person qualifies under this subsection if—

(a) on one or more of the 56 days immediately preceding the date when the claim for a disability working allowance is made or is treated as made he was engaged in training for work and

(b) a relevant benefit was payable to him for one or more of the 56 days immediately preceding—

(i) the first day of training for work falling within the 56 days mentioned in paragraph (a) above or

(ii) an earlier day of training for work which formed part of the same period of training for work as that day.

(2B) For the purposes of subsection (2A) above—

(a) the following are relevant benefits—

(i) the higher rate of short-term incapacity benefit

(ii) long-term incapacity benefit

(iii) a severe disablement allowance,

or a corresponding benefit under any enactment having effect in Northern Ireland;

(b) “training for work” means training for work in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or training of such other description as may be prescribed; and

(c) a period of training for work means a series of consecutive days of training for work, there being disregarded for this purpose such days as may be prescribed.”.